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Version Superseded: 31/12/2020
Point in time view as at 20/04/2016.
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Regulation 2(1)
1. Subject to paragraphs 2 to 5, “licensing authority” means—U.K.
(a)in relation to an application for a licence for the storage within one site of no more than 2000 kilograms of explosives to which paragraph (a)(i) or (b) of the definition of “explosive” in regulation 2(1) applies—
(i)the chief officer of police for the area in which the storage is to take place where—
(aa)any of the explosives are relevant explosives;
(bb)any of the explosives are ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997 M1;
(cc)any of the explosives are smokeless powder or percussion caps; or
(dd)the explosives are to be stored by a person who is registered as a firearms dealer under section 33 of the Firearms Act 1968 M2;
(ii)the local authority for the area in which the storage is to take place where none of the explosives are of a type to which sub-paragraph (a)(i) applies;
[F1(b)the Executive where the explosives are to be stored—
(i)on the surface at a mine, whether in a building or not;
(ii)below ground at a mine; or
(iii)within a harbour;]
(c)where the application for a licence relates to the manufacture or storage of ammonium nitrate blasting intermediate, the Executive;
(d)in relation to an application for a licence in any other case, the Executive.
Textual Amendments
F1Sch. 1 para. 1(b) substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 18(f) (with reg. 1(3))
Marginal Citations
M21968 c.27; section 33(3) was amended by the Firearms (Amendment) Act 1988 (c. 45), section 13(1) and the Firearms Act 1997 (c. 5), section 42(2).
2. In any case falling within paragraph 1(a) and subject to paragraph 5, the applicant may apply instead to the Executive for a licence, in which case the Executive is to be the licensing authority in place of the chief officer of police or local authority.U.K.
3. Where a person wishes to manufacture and store explosives at the same site, and requires a licence for that manufacture and for that storage, the Executive is to be the licensing authority in respect of any application for a licence relating to that site and the reference to “an application” in paragraph 1(d) includes any such application.U.K.
4. The ONR is the licensing authority in relation to any application for a licence for the manufacture or storage of explosives on an ONR regulated site.U.K.
5. The applicant may only apply to the Executive pursuant to paragraph 2, where—U.K.
(a)the applicant has notified the Executive that the separation distances which would be required by regulation 27 and Schedule 5 could not be complied with; or
(b)the application does not relate to the storage of pyrotechnic articles at any site where those articles are to be offered for sale and the applicant has already been granted a licence by the Executive under paragraph 1 which relates to another site.
Regulation 5(3)(a)
Explosives | U.N. no |
---|---|
2-AMINO-4, 6-DINITROPHENOL, WETTED with not less than 20% water by mass | 3317 |
CARTRIDGES, OIL WELL | 0277 |
CARTRIDGES, OIL WELL | 0278 |
CARTRIDGES FOR TOOLS, BLANK | 0014 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0446 |
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER | 0447 |
CORD, IGNITER | 0066 |
CUTTERS, CABLE, EXPLOSIVE | 0070 |
FUSE, NON-DETONATING | 0101 |
FUSE, SAFETY | 0105 |
1-HYDROXYBENZOTRIAZOLE, ANHYDROUS | 0508 |
1-HYDROXYBENZOTRIAZOLE, MONOHYDRATE | 3474 |
LIGHTERS, FUSE | 0131 |
5-MERCAPTOTETRAZOL-1-ACETIC ACID | 0448 |
NITROCELLULOSE SOLUTION, FLAMMABLE with not more than 12.6% nitrogen, by dry mass, and not more than 55% nitrocellulose | 2059 |
NITROCELLULOSE WITH WATER (not less than 25% water, by mass) | 2555 |
NITROCELLULOSE WITH ALCOHOL (not less than 25% alcohol, by mass, and not more than 12.6% nitrogen, by dry mass) | 2556 |
NITROCELLULOSE with not more than 12.6% nitrogen, by dry mass, MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT | 2557 |
4-NITROPHENYLHYDRAZINE, with not less than 30% water, by mass | 3376 |
PRIMERS, CAP TYPE | 0044 |
PRIMERS, CAP TYPE | 0378 |
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass | 0235 |
SODIUM PICRAMATE, WETTED with not less than 20% water, by mass | 1349 |
TETRAZOL-1-ACETIC ACID | 0407 |
1. Ammunition intended for use in small arms.U.K.
2. Ammunition consisting of a propelling charge and an inert projectile intended for use in the industrial tools commonly known as kiln-gunsU.K.
3. Blank ammunition intended for use in small arms.U.K.
4. Cartridges, which are empty but with a primer which—U.K.
(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378;
(b)are intended for use in small arms; and
(c)would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the U.N. no 0055 or 0378.
5. Cartridges power device which—U.K.
(a)is assigned in accordance with the United Nations Recommendations the U.N. no 0275, 0276, 0323 or 0381;
(b)is designed to produce mechanical actions such as inflation, linear or rotary motion, projection of fastening devices or extinguishing agents; and
(c)consists of a casing with a charge of deflagrating explosive and a means of ignition.
6. A desensitised explosive which is—U.K.
(a)a medicinal product as defined in regulation 2 of the Human Medicines Regulations 2012 M3; or
(b)a veterinary medicinal product as defined in regulation 2 of the Veterinary Medicines Regulations 2013 M4.
Marginal Citations
M3S.I. 2012/1916, to which there are amendments not relevant to these Regulations.
7. A desensitised explosive which is a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 M5 which is for the time being in force and which directs that specified provisions of the Human Medicines Regulations 2012 or the Medicines for Human Use (Clinical Trials) Regulations 2004 M6 are to have effect in relation to that substance as such provisions have effect in relation to medicinal products as defined in regulation 2 of the Human Medicines Regulations 2012.U.K.
Marginal Citations
M51968 c. 67; sections 104 and 105 were amended by S.I. 2004/1031, 2006/2407 and 2012/1916.
M6S.I. 2004/1031, to which there are amendments not relevant to these Regulations.
8. Any desensitised explosive acquired, in a quantity not exceeding 5 grams, for the purposes of—U.K.
(a)research, analysis or testing at a University;
(b)research, analysis or testing by or on behalf of the Crown; or
(c)the application of forensic science by or on behalf of a police force or the Crown.
9. Any desensitised explosive acquired, in a quantity not exceeding 1 gram, for the purposes of calibration or testing of explosives detection equipment at a port, airport or any other publicly accessible place.U.K.
10. Explosive articles which—U.K.
(a)are assigned in accordance with the United Nations Recommendations the U.N. no 0186, 0272, 0349, 0351 or 0471;
(b)are intended to be used for the propulsion of model rockets or similar articles; and
(c)in respect of each individual explosive article, contain no more than 1 kilogram of explosive.
11. The explosive substance Isosorbide Dinitrate which has been desensitised by mixture with not less than 60% lactose, mannose starch or calcium hydrogen phosphate and which is—U.K.
(a)assigned in accordance with the United Nations Recommendations the U.N. no 2907; and
(b)intended for use as an active pharmaceutical ingredient.
12. The explosive substance Nitrogen Triiodide with the chemical formulation NI3, in a quantity not exceeding 0.5 grams which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 M7 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.
Marginal Citations
13. A solution of the explosive substance Nitroglycerine in alcohol which is—U.K.
(a)assigned in accordance with the United Nations Recommendations the U.N. no 1204 or 3064; and
(b)intended for use as an active pharmaceutical ingredient.
14. Any pyrotechnic substance, in a quantity not exceeding 0.5 grams, which has been manufactured for, and is used for, demonstration purposes as part of an educational activity within the meaning of section 1(3) of the Further Education Act 1985 and either it is wholly used up in the demonstration or any amount remaining is destroyed immediately after it.U.K.
15. The explosive substance smokeless powder which is—U.K.
(a)assigned in accordance with the United Nations Recommendations the U.N. no 0161 or 0509 or which has been recovered from ammunition or blank ammunition intended for use in firearms; and
(b)acquired by a person who either is registered as a firearms dealer under section 33 of the Firearms Act 1968 M8 or holds —
(i)a permit granted under section 7 of that Act M9;
(ii)a firearms certificate granted under section 27 of that Act M10;
(iii)a shotgun certificate granted under section 28 of that Act M11; or
(iv)a permit granted under section 17 of the Firearms (Amendment) Act 1988 M12.
Marginal Citations
M81968 c.27; section 33 was amended by the Firearms (Amendment) Act 1988 (c. 45), section 13(1), and the Firearms Act 1997 (c. 5), section 42(2).
M9Section 7 was amended by the Firearms (Amendment) Act 1997 (c.5), Schedule 2, paragraph 2(2).
M10Section 27 was amended by the Firearms (Amendment) Act 1988 (c.45), section 23(5), by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), section 38, and by S.I. 2010/1759.
M11Section 28 was amended by the Firearms (Amendment) Act 1988 (c.45), section 3, by S.I. 1992/2823, the Firearms (Amendment) Act 1997 (c.5), Schedule 3, and by S.I. 2010/1759.
M121988 c. 45; section 17 was amended by S.I. 1992/2823, by the Firearms (Amendment) Act 1997 (c. 5), Schedule 2, paragraph 19, and by S.I. 2011/2175.
16. A solution of the explosive substance 2,4, 6- Trinitrophenol in a concentration no greater than 2% weight per volume intended for use as an analytical reagent, stain, dye or fixative.U.K.
Regulation 5(3)(b)
1. Pyrotechnic articles which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0350, 0352, 0353, 0354, 0355, 0356, 0462, 0463, 0464, 0465, 0466, 0467, 0468, 0469, 0470 or 0472.U.K.
2. Pyrotechnic articles which—U.K.
(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0349, 0351 or 0471; and
(b)are not intended to be used for the propulsion of model rockets or similar articles.
3. Pyrotechnic articles which—U.K.
(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0033, 0034, 0035, 0037, 0038, 0039, 0171, 0254, 0291, 0297, 0299, 0399 or 0400; and
(b)are intended to be dropped as bombs from an aircraft.
4. Pyrotechnic articles which—U.K.
(a)are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0451, 0329, 0330, 0450 or 0449; and
(b)are intended to be dropped as torpedoes from an aircraft or dispatched from an installation on land or a vessel.
5. Tracers for ammunition which are or would, if packaged for transport, be assigned in accordance with the United Nations Recommendations the UN no. 0212 or 0306.U.K.
Regulation 15
1. The licensing authority must maintain a register (“the register”) containing the information listed in paragraph 2 which relates to licences granted by it.U.K.
2. The following information must be included in the register—U.K.
(a)the name of the licensee;
(b)the licensee's permanent address, unless the licensee's home address is the licensee's only permanent address;
(c)the address of the site where the explosives are manufactured or stored (where that differs from any address included pursuant to sub-paragraph (b));
(d)the hazard type if any, the description and maximum amount of explosive which may be stored or otherwise present at any one time in any place which is specified in the licence;
(e)the nature of the business of the licensee and the intended use of the explosives;
(f)the kind of explosives manufactured or stored;
(g)where separation distances are required by regulation 27 or by a condition of the licence to be maintained around the store or the building where explosives are manufactured, a plan in a suitable scale sufficient to show those separation distances;
(h)a map in a suitable scale sufficient to show the location of any stores; and
(i)the kind of store concerned, including the material out of which it is constructed.
3. Subject to paragraphs 7 and 8, where the licence only relates to explosives which are not relevant explosives, the licensing authority must—U.K.
(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by members of the public; and
(b)provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence to a member of the public who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.
4. Subject to paragraphs 7 and 8, where the licence relates to explosives which are relevant explosives, whether or not it also relates to other explosives, the licensing authority must —U.K.
(a)ensure that the information referred to in paragraph 2(a) to (d) in respect of that licence is available for inspection at an office of the licensing authority, at all reasonable times and free of charge, by a person who resides or, in the case of an undertaking, is situated within a public consultation zone concerned in relation to the licence; and
(b)provide a copy of the entry in the register relating to the information referred to in paragraph 2(a) to (d) in respect of that licence to such a person as is referred to in sub-paragraph (a) who requests a copy and pays a charge which must not exceed the reasonable cost of providing the copy.
5. The register may be kept in any form, including electronically.U.K.
6. The licensee in relation to any site in which explosives are manufactured or stored, must, where requested in writing to do so by the owner or, if not the same person, the occupier, of any premises falling within any separation distance applying in relation to that site, provide to the requesting person within 28 days of the request a scale plan of the area of land falling within that separation distance.U.K.
7. The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of any site to which a licence relates which is used only for the storage of—U.K.
(a)less than 500 kilograms of hazard type 1 explosive or hazard type 2 explosive;
(b)less than 2 tonnes of hazard type 3 explosive or hazard type 4 explosive; or
(c)any explosives for a period of less than four weeks.
8. The requirements of paragraphs 3 and 4 do not apply where the information referred to in paragraph 2 is in respect of a licensed site in relation to which regulation 13 did not apply to the licence application for that site by virtue of regulation 13(4)(e), (f) or (g).U.K.
9. Where the licensing authority is a local authority or the ONR, that licensing authority must notify the Executive in writing, within 28 days of receipt of a written request by the Executive to do so, as to such information as is contained in the register it maintains relating to the information referred to in paragraph 2 as the Executive may require.U.K.
10. Nothing in this Schedule prevents a licensing authority from disclosing any of the information included in the register it maintains to—U.K.
(a)a fire and rescue service;
(b)a joint planning board;
(c)a local planning authority; or
(d)a police force;
for the purposes of the exercise of their respective functions.
11. For the purposes of paragraph 10, “local planning authority” and “joint planning board” have the meanings they are given in, respectively, sections 1 and 2 of the Town and Country Planning Act 1990 M13.U.K.
Marginal Citations
M131990 c.8. Section 1 was amended by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), Schedule 21, paragraph 28, the Local Government Wales Act 1994 (c. 19) section 18(2) to (6) and 66(8) and Schedule 18, the Environment Act 1995 (c. 25), Schedule 10, paragraph 32(1) and Schedule 24, and by the Greater London Authority Act 2007 (c.24), section 31. Section 2 was amended by the Local Government (Wales) Act 1994, sections 19(1) and (4) and 66(8) and Schedule 18, the Environment Act 1995, Schedule 10, paragraph 32(2), Schedule 22, paragraph 42, and Schedule in Health Act 2007 (c.28), Schedule 18.
Regulation 27
1.—(1) In this Schedule—U.K.
“brick-built” means having an outer structure which is wholly or mainly of brick, concrete, stone or other similar material;
“bridleway” has the meaning given in the Highways Act 1980 M14;
“curtain walling” means the glass, masonry or other cladding which is suspended from the structural framework of a building;
“dangerous goods” means dangerous goods to which the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M15 apply;
“distance”, save in the definition of “reference zone”, means the minimum distance;
“footpath” has the meaning given in the Highways Act 1980;
“footway” has the meaning given in the Highways Act 1980;
“lightly-used road” means a road used ordinarily by more than 20 and no more than 500 vehicles every 24 hours;
“major road” means a road used ordinarily by more than 10,000 vehicles every 24 hours;
“metal-built” means built wholly or mainly of steel or other metal;
“minor road” means a road used ordinarily by more than 500 vehicles every 24 hours, other than a major road;
“mounded” means surrounded by suitable mounds;
“place of public resort” means a place where more than 100 persons are present, or are likely to be present, at any one time on a weekly or more frequent basis;
“processing” means the packing, unpacking, re-packing, labelling or testing of explosives or the division of an amount of explosives stored in bulk into smaller amounts and the placing of those smaller amounts into containers;
“protected place of Class A” means a—
bridleway;
footpath;
footway;
lightly used road; or
waterway;
“protected place of Class B” means a—
dock;
jetty;
minor road;
pier;
railway line;
reservoir;
river wall;
runway for the use of aircraft; or
sea wall;
“protected place of Class C” means a —
major road; or
place of public resort;
“protected place of Class D” means—
a building, whether a dwelling or not, but not including a vulnerable building;
a place, other than a building to which paragraph (a) applies, that is used for the storage in bulk of dangerous goods other than goods which are explosives; or
a place, not within the site where the explosives are stored and other than a building to which paragraph (a) applies, that is used for—
the storage of explosives; or
the manufacture or processing of explosives;
“protected place of Class E” means a vulnerable building;
“protected place of Class F” means a building within the site where the explosives are stored, other than—
a building that is occupied by a person other than the licensee;
a building that is a vulnerable building;
a building that is normally occupied by more than 20 people; or
a building that is used for the storage in bulk of dangerous goods other than goods which are explosives;
“protected place of Class G” means a building or other place within the site where the explosives are stored that is used for the storage of explosives;
“protected place of Class H” means a building or other place within the site where the explosives are stored that is used for the manufacture or processing of explosives;
“reference zone” means the area around a store having the radius from the centre point of the store specified in column 2 of the relevant Supplementary Table;
“road” means any thoroughfare on which the movement of vehicles is allowed; and
“vulnerable building” means a building or structure of vulnerable construction, that is to say—
a building of more than three storeys above ground or 12m in height constructed with continuous non-load bearing curtain walling with individual glazed or frangible panels larger than 1.5 m2 and extending over more than 50% or 120 m2 of the surface of any elevation;
a building of more than three storeys above ground or 12 m in height with solid walls and individual glass panes or frangible panels larger than 1.5 m2 and extending over at least 50% of any elevation;
a building of more than 400 m2 plan area with continuous or individual glazing panes larger than 1.5 m2 extending over at least 50% or 120 m2 of the plan area; or
any other structure that, in consequence of an event such as an explosion, may be susceptible to disproportionate damage such as progressive collapse.
(2) Any reference in this Schedule to a thoroughfare (however described), jetty, pier, waterway or railway line does not include any part of a thoroughfare, jetty, pier, waterway or railway line within the site—
(a)in which the store is situated; and
(b)which are occupied by the person storing the explosives.
(3) Subject to paragraph 8, any reference in this Schedule to “store” is to the store mentioned in regulation 27(1) in relation to which separation distances are required by that provision to be maintained.
(4) Any reference in this Schedule to a quantity of explosives shown in column 1 of a Table is to—
(a)a quantity in a store; or
(b)in cases where sub-paragraph (b) of paragraph 7 is being relied on, the sum total of the quantity of explosives in a store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies,
which is more than the lower figure but not more than the higher figure in column 1 in the same row of the Table.
(5) Any reference in this Schedule to a building is to a building in or at which people are, or are likely to be, present either all the time or from time to time.
(6) For the purposes of this Schedule, where explosives of different hazard types are in one store, the explosives must be treated as belonging to the hazard type which would require the greatest separation distance for the total quantity of those explosives and the separation distance must be determined in relation to that total quantity.
(7) For the purposes of this Schedule, the radius for a reference zone applying in a particular case is the number in the entry in column 2 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table.
(8) For the purposes of this Schedule, any reference to “bridleway”, “footpath”, “footway” or “waterway” does not include, respectively, a bridleway, footpath, footway used, or waterway navigated, by no more than, ordinarily, 20 persons in any 24 hour period.
(9) For the purposes of this Schedule, an area of low population density is an area where the maximum number of dwellings in a reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table.
(10) Save as stated in paragraph (c) of the definition of “protected place of Class D” and subject to sub-paragraph (2), the references to the places referred to in the definitions from “protected place of Class A” to the definition of “protected place of Class E” are references to such places whether within a site or outside it.
Marginal Citations
M141980 c. 66; “bridleway”, “footpath” and “footway” are defined in section 139.
M15S.I. 2009/1348, to which there are amendments not relevant to these Regulations.
2. Where the storage is—U.K.
(a)of hazard type 1 explosive in a brick-built mounded store, Table 1;
(b)of hazard type 1 explosive in a brick-built unmounded store, Table 2;
(c)of hazard type 1 explosive in a metal-built mounded store, Table 3;
(d)of hazard type 1 explosive in a metal-built unmounded store with no detonator annex attached, Table 4;
(e)of hazard type 1 explosive in a metal-built unmounded store with a detonator annex attached, Table 5;
(f)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in a mounded store, Table 6;
(g)of hazard type 2 explosive, some or all items being of more than 0.7 kg net mass in an unmounded store, Table 7;
(h)of hazard type 2 explosive, every item being of 0.7 kg net mass or less in a mounded store, Table 8;
(i)of hazard type 2 explosive every item being of 0.7 kg net mass or less in an unmounded store, Table 9
(j)of hazard type 3 explosive, Table 10;
(k)of hazard type 4 explosive, Table 11,
applies, and any reference in this Schedule to a relevant Table is a reference to the Table which applies by virtue of this paragraph.
3. For each of Table 1, 3, 4 or 5 where that Table applies, a Supplementary Table for determining the separation distance between a store and a dwelling in an area of low population density applies as follows—U.K.
(a)for Table 1, Supplementary Table 1A;
(b)for Table 3, Supplementary Table 3A;
(c)for Table 4, Supplementary Table 4A; and
(d)for Table 5, Supplementary Table 5A,
and any reference in this Schedule to a relevant Supplementary Table is a reference to the Supplementary Table which applies by virtue of this paragraph.
4.—(1) Paragraph 5 is subject to paragraph 6.U.K.
(2) Paragraphs 5 and 6 are subject to sub-paragraph (b) of paragraph 7 for determining the quantity of explosives to be applied —
(a)for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and
(b)for paragraph 1(7) in relation to the radius for a reference zone,
in cases where sub-paragraph (b) of paragraph 7 is being relied on.
5. The distance between a store and any protected place of Class A, B, C, D, E, F or H is the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table.U.K.
6. Where—U.K.
(a)Table 1, 3, 4 or 5 applies; and
(b)the number of dwellings in the reference zone is equal to or less than the number specified in the entry in column 3 of the relevant Supplementary Table corresponding to the quantity of explosives shown in column 1 of the Supplementary Table,
the distance between a store and any dwelling is the distance (if any) specified in the corresponding entry in column 4 of the Supplementary Table.
7. The distance between a store and any protected place of Class G is either—U.K.
(a)the distance specified in the entry in the column for that Class of the relevant Table corresponding to the quantity of explosives shown in column 1 of the Table; or
(b)any lesser distance, provided that the quantity of explosives for determining the relevant separation distance for the purposes of paragraphs 5 and 6, and for paragraph 1(7) in relation to the radius for a reference zone, is the sum total of the quantity of explosives in the store and the protected place of Class G for which there is to be any lesser distance.
8. For cases where sub-paragraph (b) of paragraph 7 is being relied on, paragraph 1(6) has effect as if the reference to “one store” were a reference to the store and the protected place of Class G to which sub-paragraph (b) of paragraph 7 applies.U.K.
1Quantity ofexplosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class F distance(m) | 8Class Gdistance(m) | 9Class H distance(m) |
---|---|---|---|---|---|---|---|---|
0.1-25 | 33 | 50 | 100 | 100 | 100 | 50 | 9 | 18 |
25-30 | 33 | 50 | 100 | 100 | 100 | 50 | 9 | 18 |
30-40 | 34 | 51 | 103 | 103 | 103 | 51 | 9 | 18 |
40-50 | 35 | 53 | 106 | 106 | 106 | 53 | 9 | 18 |
50-60 | 37 | 55 | 110 | 110 | 110 | 55 | 10 | 22 |
60-70 | 37 | 56 | 111 | 114 | 114 | 57 | 10 | 22 |
70-80 | 38 | 57 | 113 | 118 | 118 | 59 | 11 | 22 |
80-90 | 38 | 58 | 115 | 121 | 121 | 61 | 11 | 22 |
90-100 | 39 | 59 | 118 | 125 | 125 | 63 | 11 | 22 |
100-150 | 43 | 64 | 128 | 142 | 142 | 71 | 13 | 27 |
150-200 | 46 | 70 | 139 | 156 | 156 | 78 | 14 | 27 |
200-250 | 50 | 75 | 150 | 169 | 169 | 85 | 16 | 30 |
250-300 | 54 | 80 | 161 | 170 | 170 | 85 | 16 | 30 |
300-350 | 57 | 86 | 172 | 172 | 172 | 86 | 18 | 33 |
350-400 | 61 | 91 | 183 | 183 | 183 | 92 | 18 | 33 |
400-450 | 64 | 97 | 193 | 193 | 193 | 97 | 19 | 36 |
450-500 | 68 | 102 | 204 | 204 | 204 | 102 | 19 | 36 |
500-550 | 68 | 102 | 204 | 204 | 204 | 102 | 24 | 56 |
550-600 | 68 | 102 | 204 | 204 | 216 | 102 | 24 | 56 |
600-650 | 68 | 102 | 204 | 227 | 227 | 113 | 24 | 56 |
650-700 | 68 | 102 | 204 | 231 | 238 | 116 | 24 | 56 |
700-750 | 68 | 102 | 204 | 235 | 249 | 118 | 24 | 56 |
750-800 | 68 | 102 | 204 | 238 | 260 | 119 | 24 | 56 |
800-850 | 68 | 102 | 204 | 242 | 270 | 121 | 24 | 56 |
850-900 | 68 | 102 | 204 | 245 | 280 | 123 | 24 | 56 |
900-950 | 68 | 102 | 204 | 248 | 290 | 124 | 24 | 56 |
950-1000 | 68 | 102 | 204 | 250 | 300 | 125 | 24 | 56 |
1000-1100 | 68 | 102 | 204 | 255 | 319 | 128 | 30 | 85 |
1100-1200 | 68 | 102 | 204 | 259 | 337 | 130 | 30 | 85 |
1200-1300 | 68 | 102 | 204 | 263 | 354 | 132 | 30 | 85 |
1300-1400 | 68 | 102 | 204 | 266 | 370 | 133 | 30 | 85 |
1400-1500 | 68 | 102 | 204 | 269 | 386 | 135 | 30 | 85 |
1500-1600 | 68 | 102 | 204 | 272 | 402 | 136 | 30 | 85 |
1600-1700 | 69 | 104 | 208 | 274 | 416 | 137 | 30 | 85 |
1700-1800 | 72 | 108 | 215 | 277 | 431 | 139 | 30 | 85 |
1800-1900 | 74 | 111 | 222 | 279 | 444 | 140 | 30 | 85 |
1900-2000 | 76 | 114 | 229 | 281 | 458 | 141 | 30 | 85 |
2000-3000 | 95 | 143 | 285 | 285 | 570 | 143 | 35 | 106 |
3000-4000 | 109 | 164 | 328 | 328 | 656 | 164 | 38 | 122 |
4000-5000 | 121 | 181 | 362 | 362 | 724 | 181 | 41 | 134 |
5000- 10000 | 158 | 237 | 475 | 475 | 950 | 237 | 52 | 176 |
10000-15000 | 183 | 274 | 548 | 548 | 1097 | 274 | 59 | 204 |
15000-20000 | 202 | 303 | 606 | 606 | 1211 | 303 | 65 | 225 |
20000-25000 | 218 | 327 | 653 | 653 | 1306 | 327 | 70 | 243 |
25000-30000 | 232 | 347 | 695 | 695 | 1389 | 347 | 75 | 258 |
30000-40000 | 255 | 383 | 765 | 765 | 1531 | 384 | 82 | 275 |
40000-50000 | 275 | 412 | 825 | 825 | 1649 | 412 | 88 | 295 |
50000-60000 | 292 | 438 | 877 | 877 | 1753 | 438 | 94 | 315 |
60000-70000 | 308 | 461 | 923 | 923 | 1846 | 461 | 99 | 345 |
70000-80000 | 322 | 482 | 965 | 965 | 1930 | 482 | 103 | 345 |
80000-90000 | 335 | 502 | 1004 | 1004 | 2007 | 502 | 108 | 375 |
90000-100000 | 347 | 520 | 1040 | 1040 | 2079 | 520 | 111 | 375 |
1Quantity of explosives (kg) | 2Reference zone radius (m) | 3Maximum number of dwellings in the reference zone | 4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m) |
---|---|---|---|
0.1-60 | - | - | - |
60-70 | 222 | 61 | 111 |
70-80 | 227 | 63 | 113 |
80-90 | 231 | 66 | 115 |
90-100 | 235 | 68 | 118 |
100-150 | 257 | 81 | 128 |
150-200 | 279 | 96 | 139 |
200-250 | 300 | 128 | 150 |
250-600 | - | - | - |
600-1600 | 408 | 206 | 204 |
1600-1700 | 416 | 214 | 208 |
1700-1800 | 431 | 229 | 215 |
1800-1900 | 444 | 244 | 222 |
1900-2000 | 458 | 259 | 229 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-25 | 47 | 70 | 141 | 141 | 141 | 70 | 141 | 141 |
25-30 | 48 | 72 | 144 | 144 | 144 | 72 | 144 | 144 |
30-40 | 50 | 76 | 151 | 151 | 151 | 76 | 151 | 151 |
40-50 | 53 | 80 | 159 | 159 | 159 | 80 | 159 | 159 |
50-60 | 56 | 84 | 168 | 168 | 168 | 84 | 168 | 168 |
60-70 | 59 | 88 | 176 | 176 | 176 | 88 | 176 | 176 |
70-80 | 61 | 92 | 184 | 184 | 184 | 92 | 184 | 184 |
80-90 | 64 | 96 | 191 | 191 | 191 | 96 | 191 | 191 |
90-100 | 66 | 99 | 199 | 199 | 199 | 99 | 199 | 199 |
100-150 | 77 | 115 | 230 | 230 | 230 | 115 | 230 | 230 |
150-200 | 85 | 128 | 256 | 256 | 256 | 128 | 256 | 256 |
200-250 | 92 | 138 | 276 | 276 | 276 | 138 | 276 | 276 |
250-300 | 98 | 147 | 293 | 293 | 293 | 147 | 293 | 293 |
300-350 | 103 | 154 | 308 | 308 | 308 | 154 | 308 | 308 |
350-400 | 107 | 160 | 320 | 320 | 320 | 160 | 320 | 320 |
400-450 | 110 | 165 | 331 | 331 | 331 | 165 | 331 | 331 |
450-500 | 113 | 170 | 340 | 340 | 340 | 170 | 340 | 340 |
500-550 | 116 | 174 | 348 | 348 | 348 | 174 | 348 | 348 |
550-600 | 118 | 178 | 355 | 355 | 355 | 178 | 355 | 355 |
600-650 | 120 | 181 | 361 | 361 | 361 | 181 | 361 | 361 |
650-700 | 122 | 184 | 367 | 367 | 367 | 184 | 367 | 367 |
700-750 | 124 | 186 | 372 | 372 | 372 | 186 | 372 | 372 |
750-800 | 126 | 189 | 377 | 377 | 377 | 189 | 377 | 377 |
800-850 | 127 | 191 | 381 | 381 | 381 | 191 | 381 | 381 |
850-900 | 128 | 193 | 385 | 385 | 385 | 193 | 385 | 385 |
900-950 | 130 | 194 | 389 | 389 | 389 | 194 | 389 | 389 |
950-1000 | 131 | 196 | 392 | 392 | 392 | 196 | 392 | 392 |
1000-1100 | 133 | 199 | 398 | 398 | 398 | 199 | 398 | 398 |
1100-1200 | 134 | 202 | 403 | 403 | 403 | 202 | 403 | 403 |
1200-1300 | 136 | 204 | 408 | 408 | 408 | 204 | 408 | 408 |
1300-1400 | 137 | 206 | 412 | 412 | 412 | 206 | 412 | 412 |
1400-1500 | 138 | 208 | 415 | 415 | 415 | 208 | 415 | 415 |
1500-1600 | 139 | 209 | 418 | 418 | 418 | 209 | 418 | 418 |
1600-1700 | 140 | 211 | 421 | 421 | 421 | 211 | 421 | 421 |
1700-1800 | 141 | 212 | 424 | 424 | 431 | 212 | 424 | 424 |
1800-1900 | 142 | 213 | 426 | 426 | 444 | 213 | 426 | 426 |
1900-2000 | 143 | 214 | 428 | 428 | 458 | 214 | 428 | 428 |
2000-3000 | 147 | 221 | 442 | 442 | 570 | 221 | 442 | 442 |
3000-4000 | 150 | 225 | 449 | 449 | 656 | 225 | 449 | 449 |
4000-5000 | 151 | 227 | 454 | 454 | 724 | 227 | 454 | 454 |
5000-10000 | 167 | 251 | 502 | 502 | 950 | 251 | 502 | 502 |
10000-15000 | 185 | 277 | 554 | 554 | 1097 | 277 | 554 | 554 |
15000-20000 | 202 | 303 | 606 | 606 | 1211 | 303 | 606 | 606 |
20000-25000 | 218 | 327 | 653 | 653 | 1306 | 327 | 653 | 653 |
25000-30000 | 232 | 347 | 695 | 695 | 1389 | 347 | 695 | 695 |
30000-40000 | 255 | 383 | 765 | 765 | 1531 | 383 | 765 | 765 |
40000-50000 | 275 | 412 | 825 | 825 | 1649 | 412 | 825 | 825 |
50000-60000 | 292 | 438 | 877 | 877 | 1753 | 438 | 877 | 877 |
60000-70000 | 308 | 461 | 923 | 923 | 1846 | 461 | 923 | 923 |
70000-80000 | 322 | 482 | 965 | 965 | 1930 | 482 | 965 | 965 |
80000-90000 | 335 | 502 | 1004 | 1004 | 2007 | 502 | 1004 | 1004 |
[F290000 – 100000] | 347 | 520 | 1040 | 1040 | 2079 | 520 | 1040 | 1040 |
1Quantity of explosives(kg) | 2Class A distance(m) | 3Class B distance(m) | 4Class C distance(m) | 5Class D distance(m) | 6Class E distance(m) | 7Class F distance(m) | 8Class G distance(m) | 9Class H distance(m) |
---|---|---|---|---|---|---|---|---|
0.1-10 | 7 | 10 | 21 | 23 | 40 | 12 | 9 | 18 |
10-20 | 9 | 13 | 26 | 29 | 42 | 15 | 9 | 18 |
20-30 | 10 | 15 | 30 | 33 | 44 | 17 | 9 | 18 |
30-40 | 11 | 16 | 33 | 37 | 46 | 18 | 9 | 18 |
40-50 | 12 | 18 | 35 | 40 | 48 | 20 | 9 | 18 |
50-60 | 13 | 19 | 38 | 42 | 48 | 21 | 10 | 22 |
60-70 | 13 | 20 | 40 | 44 | 52 | 22 | 10 | 22 |
70-80 | 14 | 20 | 41 | 46 | 57 | 23 | 11 | 22 |
80-90 | 14 | 21 | 42 | 47 | 61 | 24 | 11 | 22 |
90-100 | 14 | 21 | 43 | 48 | 66 | 24 | 11 | 22 |
100-150 | 16 | 24 | 49 | 55 | 86 | 28 | 13 | 27 |
150-200 | 18 | 27 | 54 | 62 | 104 | 31 | 14 | 27 |
200-250 | 20 | 30 | 60 | 69 | 121 | 35 | 16 | 30 |
250-300 | 23 | 34 | 68 | 76 | 136 | 38 | 16 | 30 |
300-350 | 25 | 38 | 76 | 83 | 151 | 44 | 18 | 33 |
350-400 | 28 | 41 | 83 | 90 | 165 | 45 | 18 | 33 |
400-450 | 30 | 45 | 89 | 97 | 178 | 49 | 19 | 36 |
450-500 | 32 | 48 | 96 | 102 | 191 | 51 | 19 | 36 |
500-550 | 34 | 51 | 102 | 107 | 204 | 54 | 24 | 56 |
550-600 | 36 | 54 | 108 | 111 | 216 | 56 | 24 | 56 |
600-650 | 38 | 57 | 114 | 116 | 227 | 58 | 24 | 56 |
650-700 | 40 | 60 | 119 | 121 | 238 | 61 | 24 | 56 |
700-750 | 42 | 62 | 125 | 126 | 249 | 63 | 24 | 56 |
750-800 | 43 | 65 | 130 | 131 | 260 | 66 | 24 | 56 |
800-850 | 45 | 68 | 135 | 136 | 270 | 68 | 24 | 56 |
850-900 | 47 | 70 | 140 | 140 | 280 | 70 | 24 | 56 |
900-950 | 48 | 73 | 145 | 145 | 290 | 73 | 24 | 56 |
950-1000 | 50 | 75 | 150 | 150 | 300 | 75 | 24 | 56 |
1000-1100 | 53 | 80 | 159 | 159 | 319 | 80 | 30 | 85 |
1100-1200 | 56 | 84 | 168 | 168 | 337 | 84 | 30 | 85 |
1200-1300 | 59 | 88 | 177 | 177 | 354 | 89 | 30 | 85 |
1300-1400 | 62 | 93 | 185 | 185 | 370 | 93 | 30 | 85 |
1400-1500 | 64 | 97 | 193 | 193 | 386 | 97 | 30 | 85 |
1500-1600 | 67 | 100 | 201 | 201 | 402 | 101 | 30 | 85 |
1600-1700 | 69 | 104 | 208 | 208 | 416 | 104 | 30 | 85 |
1700-1800 | 72 | 108 | 215 | 215 | 431 | 108 | 30 | 85 |
1800-1900 | 74 | 111 | 222 | 222 | 444 | 111 | 30 | 85 |
1900-2000 | 76 | 114 | 229 | 229 | 458 | 115 | 30 | 85 |
2000-3000 | 95 | 143 | 285 | 285 | 570 | 143 | 35 | 106 |
3000-4000 | 109 | 164 | 328 | 328 | 656 | 164 | 38 | 122 |
4000-5000 | 121 | 181 | 362 | 362 | 724 | 181 | 41 | 134 |
5000-10000 | 158 | 237 | 475 | 475 | 950 | 238 | 52 | 176 |
10000-15000 | 183 | 274 | 548 | 548 | 1097 | 274 | 59 | 204 |
15000-20000 | 202 | 303 | 606 | 606 | 1211 | 303 | 65 | 225 |
20000-25000 | 218 | 327 | 653 | 653 | 1306 | 327 | 70 | 243 |
25000-30000 | 232 | 347 | 695 | 695 | 1389 | 348 | 75 | 258 |
30000-40000 | 255 | 383 | 765 | 765 | 1531 | 383 | 82 | 275 |
40000-50000 | 275 | 412 | 825 | 825 | 1649 | 412 | 88 | 295 |
50000-60000 | 292 | 438 | 877 | 877 | 1753 | 438 | 94 | 315 |
60000-70000 | 308 | 461 | 923 | 923 | 1846 | 461 | 99 | 345 |
70000-80000 | 322 | 482 | 965 | 965 | 1930 | 482 | 103 | 345 |
80000-90000 | 335 | 502 | 1004 | 1004 | 2007 | 502 | 108 | 375 |
90000-100000 | 347 | 520 | 1040 | 1040 | 2079 | 520 | 111 | 375 |
1Quantity of explosives (kg) | 2Reference zone radius (m) | 3Maximum number of dwellings in the reference zone | 4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded (m) |
---|---|---|---|
0.1-10 | 41 | 2 | 21 |
10-20 | 52 | 3 | 26 |
20-30 | 60 | 4 | 30 |
30-40 | 66 | 5 | 33 |
40-50 | 71 | 6 | 35 |
50-60 | 75 | 7 | 38 |
60-70 | 79 | 8 | 40 |
70-80 | 81 | 8 | 41 |
80-90 | 83 | 8 | 42 |
90-100 | 86 | 9 | 43 |
100-150 | 97 | 12 | 49 |
150-200 | 109 | 14 | 54 |
200-250 | 121 | 18 | 60 |
250-300 | 136 | 23 | 68 |
300-350 | 151 | 28 | 76 |
350-400 | 165 | 34 | 83 |
400-450 | 178 | 39 | 89 |
450-500 | 191 | 45 | 96 |
500-550 | 204 | 51 | 102 |
550-600 | 216 | 57 | 108 |
600-650 | 227 | 63 | 114 |
650-700 | 238 | 70 | 119 |
700-750 | 249 | 77 | 125 |
750-800 | 260 | 83 | 130 |
800-850 | 270 | 90 | 135 |
1Quantity of explosives(kg) | 2Class A distance (m) | 3Class Bdistance (m) | 4Class Cdistance (m) | 5Class D distance (m) | 6Class E distance (m) | 7Class F distance (m) | 8Class G distance (m) | 9Class H distance (m) |
---|---|---|---|---|---|---|---|---|
0.1-10 | 8 | 11 | 23 | 30 | 40 | 15 | 30 | 30 |
10-20 | 10 | 14 | 29 | 35 | 42 | 18 | 35 | 35 |
20-30 | 11 | 16 | 33 | 39 | 44 | 20 | 39 | 39 |
30-40 | 12 | 18 | 36 | 42 | 46 | 21 | 42 | 42 |
40-50 | 13 | 19 | 38 | 44 | 48 | 22 | 44 | 44 |
50-60 | 13 | 20 | 40 | 46 | 48 | 23 | 46 | 46 |
60-70 | 14 | 21 | 42 | 48 | 52 | 24 | 48 | 48 |
70-80 | 14 | 22 | 43 | 50 | 57 | 25 | 50 | 50 |
80-90 | 15 | 22 | 44 | 52 | 61 | 26 | 52 | 52 |
90-100 | 15 | 23 | 45 | 55 | 66 | 28 | 55 | 55 |
100-150 | 17 | 25 | 50 | 66 | 86 | 33 | 66 | 66 |
150-200 | 18 | 28 | 55 | 78 | 104 | 39 | 78 | 78 |
200-250 | 20 | 30 | 60 | 89 | 121 | 45 | 89 | 89 |
250-300 | 23 | 34 | 68 | 101 | 136 | 51 | 101 | 101 |
300-350 | 25 | 38 | 76 | 112 | 151 | 56 | 112 | 112 |
350-400 | 28 | 41 | 83 | 124 | 165 | 62 | 124 | 124 |
400-450 | 30 | 45 | 89 | 135 | 178 | 68 | 135 | 135 |
450-500 | 32 | 48 | 96 | 138 | 191 | 69 | 138 | 138 |
500-550 | 34 | 51 | 102 | 141 | 204 | 71 | 141 | 141 |
550-600 | 36 | 54 | 108 | 144 | 216 | 72 | 144 | 144 |
600-650 | 38 | 57 | 114 | 147 | 227 | 74 | 147 | 147 |
650-700 | 40 | 60 | 119 | 150 | 238 | 75 | 150 | 150 |
700-750 | 42 | 62 | 125 | 153 | 249 | 77 | 153 | 153 |
750-800 | 43 | 65 | 130 | 156 | 260 | 78 | 156 | 156 |
800-850 | 45 | 68 | 135 | 159 | 270 | 80 | 159 | 159 |
850-900 | 47 | 70 | 140 | 162 | 280 | 81 | 162 | 162 |
900-950 | 48 | 73 | 145 | 165 | 290 | 83 | 165 | 165 |
950-1000 | 50 | 75 | 150 | 168 | 300 | 84 | 168 | 168 |
1000-1100 | 53 | 80 | 159 | 175 | 319 | 88 | 175 | 175 |
1100-1200 | 56 | 84 | 168 | 181 | 337 | 91 | 181 | 181 |
1200-1300 | 59 | 88 | 177 | 187 | 354 | 94 | 187 | 187 |
1300-1400 | 62 | 93 | 185 | 193 | 370 | 97 | 193 | 193 |
1400-1500 | 64 | 97 | 193 | 199 | 386 | 100 | 199 | 199 |
1500-1600 | 67 | 100 | 201 | 205 | 402 | 103 | 205 | 205 |
1600-1700 | 69 | 104 | 208 | 211 | 416 | 106 | 211 | 211 |
1700-1800 | 72 | 108 | 215 | 217 | 431 | 108 | 217 | 217 |
1800-1900 | 74 | 111 | 222 | 223 | 444 | 111 | 223 | 223 |
1900-2000 | 76 | 114 | 229 | 229 | 458 | 114 | 229 | 229 |
2000-3000 | 95 | 143 | 285 | 285 | 570 | 143 | 285 | 285 |
3000-4000 | 109 | 164 | 328 | 328 | 656 | 164 | 328 | 328 |
4000-5000 | 121 | 181 | 362 | 362 | 724 | 181 | 362 | 362 |
5000-10000 | 158 | 237 | 475 | 475 | 950 | 237 | 475 | 475 |
10000-15000 | 183 | 274 | 548 | 548 | 1097 | 274 | 548 | 548 |
15000-20000 | 202 | 303 | 606 | 606 | 1211 | 303 | 606 | 606 |
20000-25000 | 218 | 327 | 653 | 653 | 1306 | 653 | 653 | 653 |
25000-30000 | 232 | 347 | 695 | 695 | 1389 | 347 | 695 | 695 |
30000-40000 | 255 | 383 | 765 | 765 | 1531 | 383 | 765 | 765 |
40000-50000 | 275 | 412 | 825 | 825 | 1649 | 412 | 825 | 825 |
50000-60000 | 292 | 438 | 877 | 877 | 1753 | 438 | 877 | 877 |
60000-70000 | 308 | 461 | 923 | 923 | 1846 | 461 | 923 | 923 |
70000-80000 | 322 | 482 | 965 | 965 | 1930 | 482 | 965 | 965 |
80000-90000 | 335 | 502 | 1004 | 1004 | 2007 | 502 | 1004 | 1004 |
90000-100000 | 347 | 520 | 1040 | 1040 | 2079 | 520 | 1040 | 1040 |
1Quantity of explosives (kg) | 2Reference zone radius (m) | 3Maximum number of dwellings in the reference zone | 4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m) |
---|---|---|---|
0.1-10 | 46 | 3 | 23 |
10-20 | 57 | 4 | 29 |
20-30 | 65 | 5 | 33 |
30-40 | 71 | 6 | 36 |
40-50 | 76 | 7 | 38 |
50-60 | 80 | 8 | 40 |
60-70 | 84 | 9 | 42 |
70-80 | 87 | 9 | 43 |
80-90 | 89 | 10 | 44 |
90-100 | 91 | 10 | 45 |
100-150 | 100 | 12 | 50 |
150-200 | 110 | 15 | 55 |
200-250 | 121 | 18 | 60 |
250-300 | 136 | 23 | 68 |
300-350 | 151 | 28 | 76 |
350-400 | 165 | 34 | 83 |
400-450 | 178 | 39 | 89 |
450-500 | 191 | 45 | 96 |
500-550 | 204 | 51 | 102 |
550-600 | 216 | 57 | 108 |
600-650 | 227 | 64 | 114 |
650-700 | 238 | 70 | 119 |
700-750 | 249 | 77 | 125 |
750-800 | 260 | 84 | 130 |
800-850 | 270 | 90 | 135 |
850-900 | 280 | 97 | 140 |
900-950 | 290 | 104 | 145 |
950-1000 | 300 | 111 | 150 |
1000-1100 | 319 | 125 | 159 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-10 | 10 | 16 | 31 | 48 | 48 | 24 | 48 | 48 |
10-20 | 12 | 18 | 36 | 50 | 50 | 25 | 50 | 50 |
20-30 | 13 | 19 | 38 | 52 | 52 | 26 | 52 | 52 |
30-40 | 14 | 21 | 41 | 54 | 54 | 27 | 54 | 54 |
40-50 | 14 | 22 | 43 | 56 | 56 | 28 | 56 | 56 |
50-60 | 15 | 22 | 45 | 58 | 58 | 29 | 58 | 58 |
60-70 | 16 | 24 | 47 | 60 | 60 | 30 | 60 | 60 |
70-80 | 16 | 25 | 49 | 63 | 63 | 32 | 63 | 63 |
80-90 | 17 | 26 | 51 | 70 | 70 | 35 | 70 | 70 |
90-100 | 18 | 27 | 53 | 77 | 77 | 39 | 77 | 77 |
100-150 | 21 | 32 | 63 | 110 | 110 | 55 | 110 | 110 |
150-200 | 25 | 37 | 74 | 143 | 143 | 72 | 143 | 143 |
200-250 | 28 | 42 | 84 | 176 | 176 | 88 | 176 | 176 |
250-300 | 31 | 47 | 94 | 209 | 209 | 105 | 209 | 209 |
300-350 | 35 | 52 | 104 | 242 | 242 | 121 | 242 | 242 |
350-400 | 38 | 57 | 115 | 275 | 275 | 138 | 275 | 275 |
400-450 | 42 | 62 | 125 | 308 | 308 | 154 | 308 | 308 |
450-500 | 43 | 64 | 128 | 309 | 309 | 155 | 309 | 309 |
500-550 | 44 | 66 | 132 | 310 | 310 | 155 | 310 | 310 |
550-600 | 45 | 68 | 135 | 311 | 311 | 156 | 311 | 311 |
600-650 | 46 | 69 | 138 | 311 | 311 | 156 | 311 | 311 |
650-700 | 47 | 71 | 142 | 312 | 312 | 156 | 312 | 312 |
700-750 | 48 | 73 | 145 | 313 | 313 | 157 | 313 | 313 |
750-800 | 49 | 74 | 148 | 314 | 314 | 157 | 314 | 314 |
800-850 | 51 | 76 | 152 | 315 | 315 | 158 | 315 | 315 |
850-900 | 52 | 78 | 155 | 316 | 316 | 158 | 316 | 316 |
900-950 | 53 | 79 | 159 | 317 | 317 | 159 | 317 | 317 |
950-1000 | 54 | 81 | 162 | 318 | 318 | 159 | 318 | 318 |
1000-1100 | 56 | 84 | 169 | 319 | 319 | 160 | 319 | 319 |
1100-1200 | 58 | 88 | 175 | 321 | 337 | 161 | 321 | 321 |
1200-1300 | 61 | 91 | 182 | 323 | 354 | 162 | 323 | 323 |
1300-1400 | 63 | 94 | 189 | 325 | 370 | 163 | 325 | 325 |
1400-1500 | 65 | 98 | 195 | 326 | 386 | 163 | 326 | 326 |
1500-1600 | 67 | 101 | 202 | 328 | 402 | 164 | 328 | 328 |
1600-1700 | 70 | 104 | 209 | 330 | 416 | 165 | 330 | 330 |
1700-1800 | 72 | 108 | 215 | 332 | 431 | 166 | 332 | 332 |
1800-1900 | 74 | 111 | 222 | 333 | 444 | 167 | 333 | 333 |
1900-2000 | 76 | 114 | 229 | 335 | 458 | 168 | 335 | 335 |
2000-3000 | 95 | 143 | 285 | 353 | 570 | 177 | 353 | 353 |
3000-4000 | 109 | 164 | 328 | 370 | 656 | 185 | 370 | 370 |
4000-5000 | 121 | 181 | 362 | 388 | 724 | 194 | 388 | 388 |
5000-10000 | 158 | 237 | 475 | 475 | 950 | 237 | 475 | 475 |
10000-15000 | 183 | 274 | 548 | 548 | 1097 | 274 | 548 | 548 |
15000-20000 | 202 | 303 | 606 | 606 | 1211 | 303 | 606 | 606 |
20000-25000 | 218 | 327 | 653 | 653 | 1306 | 327 | 653 | 653 |
25000-30000 | 232 | 347 | 695 | 695 | 1389 | 347 | 695 | 695 |
30000-40000 | 255 | 383 | 765 | 765 | 1531 | 383 | 765 | 765 |
40000-50000 | 275 | 412 | 825 | 825 | 1649 | 412 | 825 | 825 |
50000-60000 | 292 | 438 | 877 | 877 | 1753 | 438 | 877 | 877 |
60000-70000 | 308 | 461 | 923 | 923 | 1846 | 461 | 923 | 923 |
70000-80000 | 322 | 482 | 965 | 965 | 1930 | 482 | 965 | 965 |
80000-90000 | 335 | 502 | 1004 | 1004 | 2007 | 502 | 1004 | 1004 |
90000-100000 | 347 | 520 | 1040 | 1040 | 2079 | 520 | 1040 | 1040 |
1Quantity ofExplosives(kg) | 2Reference zone radius (m) | 3Maximum number of dwellings in the reference zone | 4Distances to dwellings if the maximum number of dwellings in the reference zone is not exceeded(m) |
---|---|---|---|
0.1 -10 | 62 | 5 | 31 |
10-20 | 71 | 6 | 36 |
20-30 | 77 | 7 | 38 |
30-40 | 82 | 8 | 41 |
40-50 | 86 | 9 | 43 |
50-60 | 90 | 10 | 45 |
60-70 | 94 | 11 | 47 |
70-80 | 98 | 12 | 49 |
80-90 | 102 | 13 | 51 |
90-100 | 106 | 14 | 53 |
100-150 | 127 | 20 | 63 |
150-200 | 147 | 27 | 74 |
200-250 | 168 | 35 | 84 |
250-300 | 188 | 44 | 94 |
300-350 | 209 | 54 | 104 |
350-400 | 229 | 65 | 115 |
400-450 | 250 | 77 | 125 |
450-500 | 257 | 81 | 128 |
500-550 | 263 | 85 | 132 |
550-600 | 270 | 90 | 135 |
600-650 | 277 | 95 | 138 |
650-700 | 284 | 99 | 142 |
700-750 | 290 | 104 | 145 |
750-800 | 297 | 109 | 148 |
800-850 | 304 | 114 | 152 |
850-900 | 310 | 119 | 155 |
900-950 | 317 | 124 | 159 |
950-1000 | 324 | 129 | 162 |
1000-1100 | 337 | 140 | 169 |
1100-1200 | 351 | 152 | 175 |
1200-1300 | 364 | 163 | 182 |
1300-1400 | 377 | 176 | 189 |
1400-1500 | 391 | 188 | 195 |
1500-1600 | 404 | 202 | 202 |
1600-1700 | 418 | 215 | 209 |
1700-1800 | 431 | 229 | 215 |
1800-1900 | 444 | 244 | 222 |
1900-2000 | 458 | 259 | 229 |
2000-3000 | 570 | 401 | 285 |
3000-4000 | 656 | 530 | 328 |
4000-5000 | 724 | 647 | 362 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1 - 25 | 20 | 30 | 60 | 60 | 120 | 30 | 9 | 32 |
25-30 | 20 | 30 | 60 | 60 | 120 | 30 | 9 | 32 |
30-40 | 25 | 37 | 74 | 74 | 148 | 37 | 9 | 32 |
40-50 | 29 | 44 | 88 | 88 | 176 | 44 | 9 | 32 |
50-60 | 33 | 49 | 99 | 99 | 198 | 49 | 9 | 46 |
60-70 | 36 | 54 | 108 | 108 | 216 | 54 | 9 | 46 |
70-80 | 39 | 58 | 116 | 116 | 232 | 58 | 9 | 46 |
80-90 | 41 | 61 | 123 | 123 | 246 | 61 | 9 | 46 |
90-100 | 43 | 64 | 129 | 129 | 258 | 64 | 9 | 46 |
100-150 | 51 | 76 | 152 | 152 | 304 | 76 | 9 | 61 |
150-200 | 56 | 84 | 168 | 168 | 336 | 84 | 9 | 61 |
200-250 | 60 | 91 | 181 | 181 | 362 | 91 | 9 | 69 |
250-300 | 64 | 96 | 191 | 191 | 382 | 96 | 9 | 69 |
300-350 | 67 | 100 | 200 | 200 | 400 | 100 | 10 | 75 |
350-400 | 69 | 104 | 207 | 207 | 414 | 104 | 10 | 75 |
400-450 | 71 | 107 | 213 | 213 | 426 | 107 | 10 | 79 |
450-500 | 73 | 110 | 219 | 219 | 438 | 110 | 10 | 79 |
500-550 | 75 | 112 | 224 | 224 | 448 | 112 | 10 | 92 |
550-600 | 76 | 115 | 229 | 229 | 458 | 115 | 10 | 92 |
600-650 | 78 | 117 | 233 | 233 | 466 | 117 | 10 | 92 |
650-700 | 79 | 119 | 237 | 237 | 474 | 119 | 10 | 92 |
700-750 | 80 | 120 | 241 | 241 | 482 | 120 | 10 | 92 |
750-800 | 81 | 122 | 244 | 244 | 488 | 122 | 10 | 92 |
800-850 | 83 | 124 | 248 | 248 | 496 | 124 | 10 | 92 |
850-900 | 84 | 125 | 251 | 251 | 502 | 125 | 10 | 92 |
900-950 | 84 | 127 | 253 | 253 | 506 | 127 | 10 | 92 |
950-1000 | 85 | 128 | 256 | 256 | 512 | 128 | 10 | 92 |
1000-1100 | 87 | 131 | 261 | 261 | 522 | 131 | 11 | 105 |
1100-1200 | 89 | 133 | 266 | 266 | 532 | 133 | 11 | 105 |
1200-1300 | 90 | 135 | 270 | 270 | 540 | 135 | 11 | 105 |
1300-1400 | 91 | 137 | 274 | 274 | 548 | 137 | 11 | 105 |
1400-1500 | 92 | 139 | 277 | 277 | 554 | 139 | 11 | 105 |
1500-1600 | 93 | 140 | 280 | 280 | 560 | 140 | 11 | 105 |
1600- 1700 | 95 | 142 | 284 | 284 | 568 | 142 | 11 | 105 |
1700-1800 | 95 | 143 | 286 | 286 | 572 | 143 | 11 | 105 |
1800-1900 | 96 | 145 | 289 | 289 | 578 | 145 | 11 | 105 |
1900-2000 | 97 | 146 | 292 | 292 | 584 | 146 | 11 | 105 |
2000-3000 | 104 | 156 | 312 | 312 | 624 | 156 | 12 | 112 |
3000-4000 | 109 | 163 | 326 | 326 | 652 | 163 | 13 | 117 |
4000-5000 | 112 | 168 | 337 | 337 | 674 | 168 | 14 | 121 |
5000-10000 | 123 | 185 | 370 | 370 | 740 | 185 | 17 | 133 |
10000-15000 | 129 | 194 | 388 | 388 | 776 | 194 | 20 | 140 |
15000-20000 | 134 | 201 | 401 | 401 | 802 | 201 | 22 | 144 |
20000-25000 | 137 | 206 | 411 | 411 | 822 | 206 | 24 | 148 |
25000-30000 | 140 | 210 | 419 | 419 | 838 | 210 | 26 | 151 |
30000-40000 | 144 | 216 | 431 | 431 | 862 | 216 | 29 | 156 |
40000-50000 | 147 | 220 | 441 | 441 | 882 | 220 | 32 | 159 |
50000-60000 | 150 | 224 | 449 | 449 | 898 | 224 | 35 | 162 |
60000-70000 | 152 | 227 | 455 | 455 | 910 | 227 | 36 | 166 |
70000-80000 | 153 | 230 | 460 | 460 | 920 | 230 | 38 | 166 |
80000-90000 | 155 | 233 | 465 | 465 | 930 | 233 | 39 | 170 |
90000-100000 | 157 | 235 | 470 | 470 | 940 | 235 | 40 | 170 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-25 | 20 | 30 | 60 | 60 | 120 | 30 | 60 | 60 |
25-30 | 20 | 30 | 60 | 60 | 120 | 30 | 60 | 60 |
30-40 | 25 | 37 | 74 | 74 | 148 | 37 | 74 | 74 |
40-50 | 29 | 44 | 88 | 88 | 176 | 44 | 88 | 88 |
50-60 | 33 | 49 | 99 | 99 | 198 | 49 | 99 | 99 |
60-70 | 36 | 54 | 108 | 108 | 216 | 54 | 108 | 108 |
70-80 | 39 | 58 | 116 | 116 | 232 | 58 | 116 | 116 |
80-90 | 41 | 61 | 123 | 123 | 246 | 61 | 123 | 123 |
90-100 | 43 | 64 | 129 | 129 | 258 | 64 | 129 | 129 |
100-150 | 51 | 76 | 152 | 152 | 304 | 76 | 152 | 152 |
150-200 | 56 | 84 | 168 | 168 | 336 | 84 | 168 | 168 |
200-250 | 60 | 91 | 181 | 181 | 362 | 91 | 181 | 181 |
250-300 | 64 | 96 | 191 | 191 | 382 | 96 | 191 | 191 |
300-350 | 67 | 100 | 200 | 200 | 400 | 100 | 200 | 200 |
350-400 | 69 | 104 | 207 | 207 | 414 | 104 | 207 | 207 |
400-450 | 71 | 107 | 213 | 213 | 426 | 107 | 213 | 213 |
450-500 | 73 | 110 | 219 | 219 | 438 | 110 | 219 | 219 |
500-550 | 75 | 112 | 224 | 224 | 448 | 112 | 224 | 224 |
550-600 | 76 | 115 | 229 | 229 | 458 | 115 | 229 | 229 |
600-650 | 78 | 117 | 233 | 233 | 466 | 117 | 233 | 233 |
650-700 | 79 | 119 | 237 | 237 | 474 | 119 | 237 | 237 |
700-750 | 80 | 120 | 241 | 241 | 482 | 120 | 241 | 241 |
750-800 | 81 | 122 | 244 | 244 | 488 | 122 | 244 | 244 |
800-850 | 83 | 124 | 248 | 248 | 496 | 124 | 248 | 248 |
850-900 | 84 | 125 | 251 | 251 | 502 | 125 | 251 | 251 |
900-950 | 84 | 127 | 253 | 253 | 506 | 127 | 253 | 253 |
950-1000 | 85 | 128 | 256 | 256 | 512 | 128 | 256 | 256 |
1000-1100 | 87 | 131 | 261 | 261 | 522 | 131 | 261 | 261 |
1100-1200 | 89 | 133 | 266 | 266 | 532 | 133 | 266 | 266 |
1200-1300 | 90 | 135 | 270 | 270 | 540 | 135 | 270 | 270 |
1300-1400 | 91 | 137 | 274 | 274 | 548 | 137 | 274 | 274 |
1400-1500 | 92 | 139 | 277 | 277 | 554 | 139 | 277 | 277 |
1500-1600 | 93 | 140 | 280 | 280 | 560 | 140 | 280 | 280 |
1600-1700 | 95 | 142 | 284 | 284 | 568 | 142 | 284 | 284 |
1700-1800 | 95 | 143 | 286 | 286 | 572 | 143 | 286 | 286 |
1800-1900 | 96 | 145 | 289 | 289 | 578 | 145 | 289 | 289 |
1900-2000 | 97 | 146 | 292 | 292 | 584 | 146 | 292 | 292 |
2000-3000 | 104 | 156 | 312 | 312 | 624 | 156 | 312 | 312 |
3000-4000 | 109 | 163 | 326 | 326 | 652 | 163 | 326 | 326 |
4000-5000 | 112 | 168 | 337 | 337 | 674 | 168 | 337 | 337 |
5000-10000 | 123 | 185 | 370 | 370 | 740 | 185 | 370 | 370 |
10000-15000 | 129 | 194 | 388 | 388 | 776 | 194 | 388 | 388 |
15000-20000 | 134 | 201 | 401 | 401 | 802 | 201 | 401 | 401 |
20000-25000 | 137 | 206 | 411 | 411 | 822 | 206 | 411 | 411 |
25000-30000 | 140 | 210 | 419 | 419 | 838 | 210 | 419 | 419 |
30000-40000 | 144 | 216 | 431 | 431 | 862 | 216 | 431 | 431 |
40000-50000 | 147 | 220 | 441 | 441 | 882 | 220 | 441 | 441 |
50000-60000 | 150 | 224 | 449 | 449 | 898 | 224 | 449 | 449 |
60000-70000 | 152 | 227 | 455 | 455 | 910 | 227 | 455 | 455 |
70000-80000 | 153 | 230 | 460 | 460 | 920 | 230 | 460 | 460 |
80000-90000 | 155 | 233 | 465 | 465 | 930 | 233 | 465 | 465 |
90000-100000 | 157 | 235 | 470 | 470 | 940 | 235 | 470 | 470 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) | |
---|---|---|---|---|---|---|---|---|---|
0.1-25 | 12 | 18 | 37 | 37 | 74 | 18 | 9 | 15 | |
25-30 | 13 | 19 | 38 | 38 | 76 | 19 | 9 | 15 | |
30-40 | 14 | 20 | 41 | 41 | 82 | 20 | 9 | 15 | |
40-50 | 14 | 22 | 43 | 43 | 86 | 22 | 9 | 15 | |
50-60 | 15 | 22 | 45 | 45 | 90 | 22 | 9 | 18 | |
60-70 | 16 | 23 | 47 | 47 | 94 | 23 | 9 | 18 | |
70-80 | 16 | 24 | 48 | 48 | 96 | 24 | 9 | 18 | |
80-90 | 16 | 25 | 49 | 49 | 98 | 25 | 9 | 18 | |
90-100 | 17 | 25 | 51 | 51 | 102 | 25 | 9 | 18 | |
100-150 | 19 | 28 | 56 | 56 | 112 | 28 | 9 | 22 | |
150-200 | 20 | 30 | 60 | 60 | 120 | 30 | 9 | 22 | |
200-250 | 21 | 32 | 63 | 63 | 126 | 32 | 9 | 24 | |
250-300 | 22 | 33 | 66 | 66 | 132 | 33 | 9 | 24 | |
300-350 | 23 | 34 | 68 | 68 | 136 | 34 | 10 | 25 | |
350-400 | 24 | 35 | 71 | 71 | 142 | 35 | 10 | 25 | |
400-450 | 24 | 36 | 73 | 73 | 146 | 36 | 10 | 27 | |
450-500 | 25 | 37 | 74 | 74 | 148 | 37 | 10 | 27 | |
500-550 | 25 | 38 | 76 | 76 | 152 | 38 | 10 | 31 | |
550-600 | 26 | 39 | 78 | 78 | 156 | 39 | 10 | 31 | |
600-650 | 26 | 39 | 79 | 79 | 158 | 39 | 10 | 31 | |
650-700 | 27 | 40 | 80 | 80 | 160 | 40 | 10 | 31 | |
700-750 | 27 | 41 | 82 | 82 | 164 | 41 | 10 | 31 | |
750-800 | 28 | 41 | 83 | 83 | 166 | 41 | 10 | 31 | |
800-850 | 28 | 42 | 84 | 84 | 168 | 42 | 10 | 31 | |
850-900 | 28 | 43 | 85 | 85 | 170 | 43 | 10 | 31 | |
900-950 | 29 | 43 | 86 | 86 | 172 | 43 | 10 | 31 | |
950-1000 | 29 | 44 | 87 | 87 | 174 | 44 | 10 | 31 | |
1000-1100 | 30 | 44 | 89 | 89 | 178 | 44 | 11 | 36 | |
1100-1200 | 30 | 45 | 91 | 91 | 182 | 45 | 11 | 36 | |
1200-1300 | 31 | 46 | 92 | 92 | 184 | 46 | 11 | 36 | |
1300-1400 | 31 | 47 | 94 | 94 | 188 | 47 | 11 | 36 | |
1400-1500 | 32 | 48 | 95 | 95 | 190 | 48 | 11 | 36 | |
1500-1600 | 32 | 48 | 97 | 97 | 194 | 48 | 11 | 36 | |
1600-1700 | 33 | 49 | 98 | 98 | 196 | 49 | 11 | 36 | |
1700-1800 | 33 | 50 | 99 | 99 | 198 | 50 | 11 | 36 | |
1800-1900 | 33 | 50 | 100 | 100 | 200 | 50 | 11 | 36 | |
1900-2000 | 34 | 51 | 101 | 101 | 202 | 51 | 11 | 36 | |
2000-3000 | 37 | 55 | 110 | 110 | 220 | 55 | 12 | 40 | |
3000-4000 | 39 | 59 | 117 | 117 | 234 | 59 | 13 | 42 | |
4000-5000 | 41 | 61 | 122 | 122 | 244 | 61 | 14 | 44 | |
5000-10000 | 47 | 70 | 140 | 140 | 280 | 70 | 17 | 50 | |
10000-15000 | 50 | 76 | 151 | 151 | 302 | 76 | 20 | 54 | |
15000-20000 | 53 | 80 | 159 | 159 | 318 | 80 | 22 | 57 | |
20000-25000 | 55 | 83 | 166 | 166 | 332 | 83 | 24 | 60 | |
25000-30000 | 57 | 86 | 171 | 171 | 342 | 86 | 26 | 62 | |
30000-40000 | 60 | 90 | 180 | 180 | 360 | 90 | 29 | 66 | |
40000-50000 | 62 | 94 | 187 | 187 | 377 | 94 | 32 | 68 | |
50000-60000 | 64 | 97 | 193 | 193 | 386 | 97 | 35 | 70 | |
60000-70000 | 66 | 99 | 198 | 198 | 396 | 99 | 36 | 74 | |
70000-80000 | 67 | 101 | 202 | 202 | 404 | 101 | 38 | 74 | |
80000-90000 | 69 | 103 | 206 | 206 | 412 | 103 | 39 | 76 | |
90000-100000 | 70 | 105 | 210 | 210 | 420 | 105 | 40 | 76 | |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-25 | 12 | 18 | 37 | 37 | 74 | 18 | 37 | 37 |
25-30 | 13 | 19 | 38 | 38 | 76 | 19 | 38 | 38 |
30-40 | 14 | 20 | 41 | 41 | 82 | 20 | 41 | 41 |
40-50 | 14 | 22 | 43 | 43 | 86 | 22 | 43 | 43 |
50-60 | 15 | 22 | 45 | 45 | 90 | 22 | 45 | 45 |
60-70 | 16 | 23 | 47 | 47 | 94 | 23 | 47 | 47 |
70-80 | 16 | 24 | 48 | 48 | 96 | 24 | 48 | 48 |
80-90 | 16 | 25 | 49 | 49 | 98 | 25 | 49 | 49 |
90-100 | 17 | 25 | 51 | 51 | 102 | 25 | 51 | 51 |
100-150 | 19 | 28 | 56 | 56 | 112 | 28 | 56 | 56 |
150-200 | 20 | 30 | 60 | 60 | 120 | 30 | 60 | 60 |
200-250 | 21 | 32 | 63 | 63 | 126 | 32 | 63 | 63 |
250-300 | 22 | 33 | 66 | 66 | 132 | 33 | 66 | 66 |
300-350 | 23 | 34 | 68 | 68 | 136 | 34 | 68 | 68 |
350-400 | 24 | 35 | 71 | 71 | 142 | 35 | 71 | 71 |
400-450 | 24 | 36 | 73 | 73 | 146 | 36 | 73 | 73 |
450-500 | 25 | 37 | 74 | 74 | 148 | 37 | 74 | 74 |
500-550 | 25 | 38 | 76 | 76 | 152 | 38 | 76 | 76 |
550-600 | 26 | 39 | 78 | 78 | 156 | 39 | 78 | 78 |
600-650 | 26 | 39 | 79 | 79 | 158 | 39 | 79 | 79 |
650-700 | 27 | 40 | 80 | 80 | 160 | 40 | 80 | 80 |
700-750 | 27 | 41 | 82 | 82 | 164 | 41 | 82 | 82 |
750-800 | 28 | 41 | 83 | 83 | 166 | 41 | 83 | 83 |
800-850 | 28 | 42 | 84 | 84 | 168 | 42 | 84 | 84 |
850-900 | 28 | 43 | 85 | 85 | 170 | 43 | 85 | 85 |
900-950 | 29 | 43 | 86 | 86 | 172 | 43 | 86 | 86 |
950-1000 | 29 | 44 | 87 | 87 | 174 | 44 | 87 | 87 |
1000-1100 | 30 | 44 | 89 | 89 | 178 | 44 | 89 | 89 |
1100-1200 | 30 | 45 | 91 | 91 | 182 | 45 | 91 | 91 |
1200-1300 | 31 | 46 | 92 | 92 | 184 | 46 | 92 | 92 |
1300-1400 | 31 | 47 | 94 | 94 | 188 | 47 | 94 | 94 |
1400-1500 | 32 | 48 | 95 | 95 | 190 | 48 | 95 | 95 |
1500-1600 | 32 | 48 | 97 | 97 | 194 | 48 | 97 | 97 |
1600-1700 | 33 | 49 | 98 | 98 | 196 | 49 | 98 | 98 |
1700-1800 | 33 | 50 | 99 | 99 | 198 | 50 | 99 | 99 |
1800-1900 | 33 | 50 | 100 | 100 | 200 | 50 | 100 | 100 |
1900-2000 | 34 | 51 | 101 | 101 | 202 | 51 | 101 | 101 |
2000-3000 | 37 | 55 | 110 | 110 | 220 | 55 | 110 | 110 |
3000-4000 | 39 | 59 | 117 | 117 | 234 | 59 | 117 | 117 |
4000-5000 | 41 | 61 | 122 | 122 | 244 | 61 | 122 | 122 |
5000-10000 | 47 | 70 | 140 | 140 | 280 | 70 | 140 | 140 |
10000-15000 | 50 | 76 | 151 | 151 | 302 | 76 | 151 | 151 |
15000-20000 | 53 | 80 | 159 | 159 | 318 | 80 | 159 | 159 |
20000-25000 | 55 | 83 | 166 | 166 | 332 | 83 | 166 | 166 |
25000-30000 | 57 | 86 | 171 | 171 | 342 | 86 | 171 | 171 |
30000-40000 | 60 | 90 | 180 | 180 | 360 | 90 | 180 | 180 |
40000-50000 | 62 | 94 | 187 | 187 | 377 | 94 | 187 | 187 |
50000-60000 | 64 | 97 | 193 | 193 | 386 | 97 | 193 | 193 |
60000-70000 | 66 | 99 | 198 | 198 | 396 | 99 | 198 | 198 |
70000-80000 | 67 | 101 | 202 | 202 | 404 | 101 | 202 | 202 |
80000-90000 | 69 | 103 | 206 | 206 | 412 | 103 | 206 | 206 |
90000-100000 | 70 | 105 | 210 | 210 | 420 | 105 | 210 | 210 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-25 | 0 | 0 | 0 | 0 | 0 | 0 | 9 | 12 |
25-30 | 7 | 10 | 20 | 20 | 20 | 10 | 9 | 12 |
30-40 | 7 | 11 | 22 | 22 | 22 | 11 | 9 | 12 |
40-50 | 8 | 12 | 23 | 23 | 23 | 12 | 9 | 12 |
50-60 | 8 | 12 | 25 | 25 | 25 | 12 | 9 | 15 |
60-70 | 9 | 13 | 26 | 26 | 26 | 13 | 9 | 15 |
70-80 | 9 | 14 | 27 | 27 | 27 | 14 | 9 | 15 |
80-90 | 9 | 14 | 28 | 28 | 28 | 14 | 9 | 15 |
90-100 | 10 | 15 | 29 | 29 | 29 | 15 | 9 | 15 |
100-150 | 11 | 17 | 34 | 34 | 34 | 17 | 9 | 18 |
150-200 | 12 | 19 | 37 | 37 | 37 | 19 | 9 | 18 |
200-250 | 13 | 20 | 40 | 40 | 40 | 20 | 10 | 21 |
250-300 | 14 | 21 | 43 | 43 | 43 | 21 | 10 | 21 |
300-350 | 15 | 22 | 45 | 45 | 45 | 22 | 11 | 23 |
350-400 | 16 | 23 | 47 | 47 | 47 | 23 | 11 | 23 |
400-450 | 16 | 24 | 49 | 49 | 49 | 24 | 12 | 25 |
450-500 | 17 | 25 | 50 | 50 | 50 | 25 | 12 | 25 |
500-550 | 17 | 26 | 52 | 52 | 52 | 26 | 14 | 32 |
550-600 | 18 | 27 | 54 | 54 | 54 | 27 | 14 | 32 |
600-650 | 18 | 28 | 55 | 55 | 55 | 28 | 14 | 32 |
650-700 | 19 | 28 | 56 | 56 | 56 | 28 | 14 | 32 |
700-750 | 19 | 29 | 58 | 58 | 58 | 29 | 14 | 32 |
750-800 | 20 | 29 | 59 | 59 | 59 | 29 | 14 | 32 |
800-850 | 20 | 30 | 60 | 60 | 60 | 30 | 14 | 32 |
850-900 | 20 | 31 | 61 | 61 | 61 | 31 | 14 | 32 |
900-950 | 21 | 31 | 62 | 62 | 62 | 31 | 14 | 32 |
950-1000 | 21 | 32 | 64 | 64 | 64 | 32 | 14 | 32 |
1000-1100 | 22 | 33 | 66 | 66 | 66 | 33 | 17 | 40 |
1100-1200 | 22 | 34 | 67 | 67 | 67 | 34 | 17 | 40 |
1200-1300 | 23 | 35 | 69 | 69 | 69 | 35 | 17 | 40 |
1300-1400 | 24 | 36 | 71 | 71 | 71 | 36 | 17 | 40 |
1400-1500 | 24 | 36 | 73 | 73 | 73 | 36 | 17 | 40 |
1500-1600 | 25 | 37 | 74 | 74 | 74 | 37 | 17 | 40 |
1600-1700 | 25 | 38 | 76 | 76 | 76 | 38 | 17 | 40 |
1700-1800 | 26 | 39 | 77 | 77 | 77 | 39 | 17 | 40 |
1800-1900 | 26 | 39 | 79 | 79 | 79 | 39 | 17 | 40 |
1900-2000 | 27 | 40 | 80 | 80 | 80 | 40 | 17 | 40 |
2000-3000 | 31 | 46 | 92 | 92 | 92 | 46 | 19 | 46 |
3000-4000 | 34 | 50 | 101 | 101 | 101 | 50 | 20 | 50 |
4000-5000 | 36 | 54 | 109 | 109 | 109 | 54 | 22 | 54 |
5000-10000 | 46 | 68 | 137 | 137 | 137 | 68 | 28 | 68 |
10000-15000 | 52 | 78 | 157 | 157 | 157 | 78 | 33 | 78 |
15000-20000 | 57 | 86 | 172 | 172 | 172 | 86 | 37 | 86 |
20000-25000 | 62 | 93 | 186 | 186 | 186 | 93 | 41 | 93 |
25000-30000 | 66 | 99 | 197 | 197 | 197 | 99 | 44 | 98 |
30000-40000 | 72 | 109 | 217 | 217 | 217 | 109 | 47 | 110 |
40000-50000 | 78 | 117 | 234 | 234 | 234 | 117 | 50 | 120 |
50000-60000 | 83 | 124 | 249 | 249 | 249 | 124 | 54 | 130 |
60000-70000 | 87 | 131 | 262 | 262 | 262 | 131 | 58 | 140 |
70000-80000 | 91 | 137 | 274 | 274 | 274 | 137 | 63 | 140 |
80000-90000 | 95 | 142 | 285 | 285 | 285 | 142 | 67 | 150 |
90000-100000 | 98 | 147 | 295 | 295 | 295 | 147 | 70 | 150 |
1Quantity of explosives(kg) | 2Class Adistance(m) | 3Class Bdistance(m) | 4Class Cdistance(m) | 5Class Ddistance(m) | 6Class Edistance(m) | 7Class Fdistance(m) | 8Class Gdistance(m) | 9Class Hdistance(m) |
---|---|---|---|---|---|---|---|---|
0.1-250 | 0 | 0 | 0 | 0 | 0 | 0 | 9 | 11 |
250-300 | 1 | 1 | 1 | 1 | 1 | 1 | 9 | 11 |
300-340 | 1 | 1 | 2 | 2 | 2 | 1 | 9 | 11 |
340-370 | 1 | 2 | 3 | 3 | 3 | 2 | 9 | 11 |
370-400 | 1 | 2 | 4 | 4 | 4 | 2 | 9 | 11 |
400-450 | 2 | 3 | 5 | 5 | 5 | 3 | 9 | 11 |
450-500 | 2 | 3 | 6 | 6 | 6 | 3 | 9 | 11 |
500-550 | 2 | 4 | 7 | 7 | 7 | 4 | 9 | 12 |
550-650 | 3 | 5 | 9 | 9 | 9 | 5 | 9 | 12 |
650-700 | 3 | 5 | 10 | 10 | 10 | 5 | 9 | 12 |
700-750 | 4 | 6 | 11 | 11 | 11 | 6 | 9 | 12 |
750-800 | 4 | 6 | 12 | 12 | 12 | 6 | 9 | 12 |
800-900 | 4 | 7 | 13 | 13 | 13 | 7 | 9 | 12 |
900-950 | 5 | 7 | 14 | 14 | 14 | 7 | 9 | 12 |
950-1000 | 5 | 8 | 15 | 15 | 15 | 8 | 9 | 12 |
1000-1100 | 5 | 8 | 16 | 16 | 16 | 8 | 12 | 19 |
1100-1150 | 6 | 9 | 17 | 17 | 17 | 9 | 12 | 19 |
1150-1200 | 6 | 9 | 18 | 18 | 18 | 9 | 12 | 19 |
1200-1300 | 6 | 10 | 19 | 19 | 19 | 10 | 12 | 19 |
1300-1350 | 7 | 10 | 20 | 20 | 20 | 10 | 12 | 19 |
1350-1400 | 7 | 11 | 21 | 21 | 21 | 11 | 12 | 19 |
1400-1450 | 7 | 11 | 22 | 22 | 22 | 11 | 12 | 19 |
1450-1550 | 8 | 12 | 23 | 23 | 23 | 12 | 12 | 19 |
1550-1600 | 8 | 12 | 24 | 24 | 24 | 12 | 12 | 19 |
1600-1650 | 8 | 13 | 25 | 25 | 25 | 13 | 12 | 19 |
1650-1700 | 9 | 13 | 26 | 26 | 26 | 13 | 12 | 19 |
1700-1800 | 9 | 14 | 27 | 27 | 27 | 14 | 12 | 19 |
1800-1850 | 9 | 14 | 28 | 28 | 28 | 14 | 12 | 19 |
1850-1900 | 10 | 15 | 29 | 29 | 29 | 15 | 12 | 19 |
1900-2000 | 10 | 15 | 30 | 30 | 30 | 15 | 12 | 19 |
2000-3000 | 13 | 20 | 40 | 40 | 40 | 20 | 14 | 23 |
3000-4000 | 13 | 20 | 40 | 40 | 40 | 20 | 16 | 24 |
4000-5000 | 15 | 23 | 45 | 45 | 45 | 23 | 17 | 25 |
5000-10000 | 17 | 26 | 51 | 51 | 51 | 26 | 22 | 27 |
10000-15000 | 18 | 27 | 54 | 54 | 54 | 27 | 24 | 27 |
15000-20000 | 18 | 28 | 56 | 56 | 56 | 28 | 25 | 27 |
20000-25000 | 19 | 29 | 57 | 57 | 57 | 29 | 26 | 27 |
25000-30000 | 20 | 30 | 59 | 59 | 59 | 30 | 27 | 27 |
30000-40000 | 20 | 30 | 60 | 60 | 60 | 30 | 27 | 27 |
40000-50000 | 20 | 31 | 61 | 61 | 61 | 31 | 27 | 27 |
50000-60000 | 20 | 31 | 61 | 61 | 61 | 31 | 27 | 27 |
60000-70000 | 21 | 31 | 62 | 62 | 62 | 31 | 27 | 27 |
70000-80000 | 21 | 32 | 63 | 63 | 63 | 32 | 27 | 27 |
80000-90000 | 21 | 32 | 63 | 63 | 63 | 32 | 27 | 27 |
90000-100000 | 21 | 32 | 64 | 64 | 64 | 32 | 27 | 27 |
Textual Amendments
F2Words in Sch. 5 substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 18(g) (with reg. 1(3))
Regulation 33(2)(a)
1. Subject to paragraph 2, the unique identification must comprise—U.K.
(a)a part which can be read by a human being containing the following—
(i)the name of the manufacturer;
(ii)an alphanumeric code containing—
(aa)two letters identifying the EEA State (place of production or import onto the market of the EEA States);
(bb)three digits identifying the site of manufacture; and
(cc)the unique product code and logistical information designed by the manufacturer; and
(b)a part which can be read electronically in barcode or matrix code format, or both, which relates directly to the alphanumeric identification code.
2. For articles too small to affix the unique product code and logistical information designed by the manufacturer, the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 is sufficient for the purposes of the unique identification.U.K.
Regulation 33(1), (5) and (7)
1. For a cartridged explosive and any explosive in sacks—
(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, each cartridge or sack;
(b)an associated label must be placed on each case of cartridges; and
(c)a passive inert electronic tag may be attached to each cartridge or sack and an associated electronic tag attached to each case of cartridges.
2. Subject to paragraph 10(1), for a packaged two-component explosive, the unique identification must be on an adhesive label attached to, or be directly printed on, each smallest packaging unit containing the two components.
3. For plain detonators—
(a)subject to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;
(b)an associated label must be placed on each case of detonators; and
(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.
4. For electric, non-electric and electronic detonators—
(a)subject to paragraph 10(1), the unique identification must—
(i)be on an adhesive label attached to the wires or tube; or
(ii)be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;
(b)an associated label must be placed on each case of detonators; and
(c)a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.
5. For primers and boosters—
(a)subject, in the case of boosters, to paragraph 10(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed on, the primer or booster;
(b)an associated label must be placed on each case of primers or boosters; and
(c)a passive inert electronic tag may be attached to each primer or booster and an associated tag attached to each case of primers or boosters.
6. For detonating cords—
(a)the unique identification must be on an adhesive label attached to, or be directly printed on, the bobbin;
(b)subject to paragraph 10(1) and (3), the unique identification must be marked every five meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord;
(c)an associated label must be placed on each case of detonating cord; and
(d)a passive inert electronic tag may be inserted within the cord and an associated tag attached to each case of cord.
7. For cans, boxes and drums containing any explosive—
(a)subject to paragraph 10(1), the unique identification must be on an adhesive label attached to, or be directly printed on, the can, box or drum containing the explosive; and
(b)a passive inert electronic tag may be attached to each can, box and drum.
8. Each civil explosive item in respect of a civil explosive not referred to in paragraphs 1 to 7 must, subject to paragraph 10(1), be marked with the unique identification.
9. Where adhesive detachable copies of labels showing the unique identification are attached to civil explosive articles, containers or each smallest packaging unit concerned for use by other persons, those copies must be clearly marked as copies of the original.
10.—(1) For articles smaller than those to which paragraph 2 of Schedule 6 applies, which are too small to affix the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 of Schedule 6 or where it is technically impossible due to their shape or design to affix a unique identification—
(a)the unique identification specified in paragraph 1 of that Schedule must be affixed on each smallest packaging unit; and
(b)that packaging unit must be closed with a seal.
(2) In the case of each plain detonator or booster to which sub-paragraph (1) applies—
(a)the requirements of, respectively, paragraphs 3(a) and 5(a) do not apply;
(b)the information under sub-paragraph (a)(ii)(aa) and (bb) of paragraph 1 of Schedule 6 must be marked, in a durable and clearly legible way, on, as the case may be, the plain detonator or booster; and
(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.
(3) In the case of each detonating cord to which sub-paragraph (1) applies—
(a)the requirements of paragraph 6(b) do not apply; and
(b)the unique identification referred to in paragraph 1 of Schedule 6 must be marked on the reel or spool and on any smallest packaging unit.
(4) For the purposes of this paragraph, the smallest packaging unit means the smallest packaging unit on which it is possible to affix the unique identification specified in paragraph 1 of Schedule 6.
Regulation 38
1. For the purposes of regulation 38, “plastic explosive” means an explosive substance, commonly known as “plastic explosive”, including such substance in flexible or elastic sheet form and whether or not contained in an explosive article, which is—U.K.
(a)formulated with one or more high explosives which in their pure form have a vapour pressure less than 10−4 Pa at a temperature of 25°C;
(b)formulated with a binder material; and
(c)malleable or flexible at normal room temperature.
2. The following explosives, even if meeting the description of plastic explosives in paragraph 1, are not to be regarded as plastic explosives for the purposes of regulation 38 as long as their manufacture or possession continues to be to a quantity and for a purpose specified in any of sub-paragraphs (a) to (c) of this paragraph, namely any explosive—U.K.
(a)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful research, development or testing of new or modified explosives;
(b)the manufacture or possession of which is to a quantity no greater than is necessary for the purpose of, and is solely for use in, lawful training in explosives detection or development or testing of explosives detection equipment; or
(c)the manufacture or possession of which is to a quantity no greater than is necessary for, and is solely for, the purpose of lawful forensic science.
3. In this Part “high explosives” include, but are not restricted to, cyclotetramethylenetetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX).U.K.
(1)Name of detection agent | (2)Minimum concentration |
---|---|
Ethylene glycol dinitrate (EGDN) 2,3-Dimethyl-2,3-dinitrobutane (DMNB) para-Mononitrotoluene (p-MNT) | 0.2% by mass 1.0% by mass 0.5% by mass |
Regulation 39
(This Schedule reproduces, with minor modifications, the provisions of [F3Annex II to the Directive])
Textual Amendments
F3Words in Sch. 9 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 10(a) (with regs. 2(1), 15)
1. Each civil explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment under normal, foreseeable conditions, in particular as regards the safety rules and standard practices until such time as it is used.U.K.
2. Each civil explosive must attain the performance characteristics specified by the manufacturer in order to ensure maximum safety and reliability.U.K.
3. Each civil explosive must be designed and manufactured in such a way that when appropriate techniques are employed it can be disposed of in a manner which minimises effects on the environment.U.K.
4. As a minimum, the following information and properties—where appropriate—must be considered or tested. Each civil explosive should be tested under realistic conditions. If this is not possible in a laboratory, the tests should be carried out in the conditions in which the civil explosive is to be used.U.K.
(a)Design and characteristic properties, including chemical composition, degree of homogeneity and, where appropriate, dimensions and grain size distribution.
(b)The physical and chemical stability of the civil explosive in all environmental conditions to which it may be exposed.
(c)Sensitiveness to impact and friction.
(d)Compatibility of all components as regards their physical and chemical stability.
(e)The chemical purity of the civil explosive.
(f)Resistance of the civil explosive against influence of water where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by water.
(g)Resistance to low and high temperatures, where the civil explosive is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the civil explosive as a whole.
(h)The suitability of the civil explosive for use in hazardous environments (e.g. firedamp atmospheres, hot masses, etc.) if it is intended to be used under such conditions.
(i)Safety features intended to prevent untimely or inadvertent initiation or ignition.
(j)The correct loading and functioning of the civil explosive when used for its intended purpose.
(k)Suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposalF4....
(l)The ability of the civil explosive, its wrapping or other components to withstand deterioration during storage until the “use by” date specified by the manufacturer.
(m)Specification of all devices and accessories needed for reliable and safe functioning of the civil explosive.
Textual Amendments
F4Words in Sch. 9 para. 4(k) omitted (20.4.2016) by virtue of The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 10(b) (with regs. 2(1), 15)
5. The various groups of civil explosives must at least also comply with the following requirements:U.K.
(a)Blasting Explosives
(i)The proposed method of initiation must ensure safe, reliable and complete detonation or deflagration as appropriate, of the blasting explosive. In the particular case of black powder, it is the capacity as regards deflagration which is to be checked.
(ii)Blasting explosives in cartridge form must transmit the detonation safely and reliably from one end of the train of cartridges to the other.
(iii)The fumes produced by blasting explosives intended for underground use may contain carbon monoxide, nitrous gases, other gases, vapours or airborne solid residues only in quantities which do not impair health under normal operating conditions.
(b)Detonating cords, safety fuses, other fuses and shock tubes
(i)The covering of detonating cords, safety fuses[F5, other fuses and shock tubes] must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal mechanical stress.
(ii)The parameters for the burning times of safety fuses must be indicated and must be reliably set.
(iii)Detonating cords must be capable of being reliably initiated, be of sufficient initiation capability and comply with requirements as regards storage even in particular climatic conditions.
(c)Detonators (including delay detonators) and relays
(i)Detonators must reliably initiate the detonation of the blasting explosives which are intended to be used with them under all foreseeable conditions of use.
(ii)Delay connectors for detonating cords must be reliably initiated.
(iii)The initiation capability must not be adversely affected by humidity.
(iv)The delay times of delay detonators must be sufficiently uniform to ensure that the probability of overlapping of the delay times of adjacent time steps is insignificant.
(v)The electrical characteristics of electric detonators must be indicated on the packaging (e.g. no-fire current, resistance, etc.).
(vi)The wires of electric detonators must be of sufficient insulation and mechanical strength including the solidity of the link to the detonator, taking account of their intended use.
(d)Propellants and rocket propellants
(i)These materials must not detonate when used for their intended purpose.
(ii)Propellants where necessary (e.g. those based on nitrocellulose) must be stabilised against decomposition.
(iii)Solid rocket propellants, when in compressed or cast form, must not contain any unintentional fissures or gas bubbles which dangerously affect their functioning.
Textual Amendments
F5Words in Sch. 9 para. 5(b)(i) substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 10(c) (with regs. 2(1), 15)
Regulation 42(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 10 omitted (20.4.2016) by virtue of The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 11 (with regs. 2(1), 15)
Regulation 43
1.—(1) This Schedule makes provision for the enforcement of these Regulations within Great Britain.U.K.
(2) Despite sub-paragraph (1), nothing in paragraphs 2 to 12 or 14 applies for the purpose of making any person responsible for the enforcement of these Regulations as they apply—
(a)on sites which are GB nuclear sites; or
(b)on any part of a site which is, or forms part of, a GB nuclear site M16.
(3) The provisions of this Schedule apply despite the provisions of the Health and Safety (Enforcing Authority) Regulations 1998 M17.
Marginal Citations
M16Section 18 of the Health and Safety at Work etc. Act 1974 has been amended, by the Energy Act 2013 (c.32), Schedule 12, paragraph 6, with the effect that the Office for Nuclear Regulation is the enforcing authority (within the meaning of the 1974 Act) for the relevant statutory provisions as they apply in relation to GB nuclear sites. Exceptions may be made for the Office of Rail Regulation to enforce any of the relevant statutory provisions as they apply on such nuclear sites.
M17S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.
2.—(1) A licensing authority is the enforcing authority for the manufacture and storage provisions—
(a)for a site in relation to which it has granted a person a licence;
(b)where, in relation to a deemed licence, it would have been the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence had been made under these Regulations;
(c)where, in any case other than those mentioned in paragraphs (a) and (b)—
(i)it would be the licensing authority by virtue of paragraph 1 or 4 of Schedule 1 if an application for a licence is, or should have been, made under these Regulations; or
(ii)it would have been the licensing authority had the requirements of paragraph (1) of regulation 6 not been disapplied by paragraph (2) of that regulation or the requirements of paragraph (1) of regulation 7 not been disapplied by paragraph (2) of that regulation.
(2) In this paragraph—
(a)“deemed licence” means—
(i)any licence deemed by regulation 47(1) to be a licence granted under regulation 13;
(ii)any licence deemed to be held by a person pursuant to regulation 47(12); and
(iii)any registration deemed by regulation 47(2) to be a licence granted under regulation 13;
(b)“manufacture and storage provisions” means—
(i)regulations 6, 7, 23, 26, 27 and 30 as they apply otherwise than in respect of the manufacture and storage of ammonium nitrate blasting intermediate;
(ii)regulation 29 as it applies to the manufacture and storage of chlorate mixtures.
3. A licensing authority is the enforcing authority for regulation 3 of the Management of Health and Safety at Work Regulations 1999 M18 in relation to the manufacture or storage of explosives for which it is the enforcing authority by virtue of paragraph 2.U.K.
Marginal Citations
M18S.I. 1999/3242, to which there are amendments not relevant to these Regulations.
4. The enforcing authority for regulation 13(8) as it applies in respect of the manufacture and storage of any explosive and for regulations 6, 7, 23, 26, 27 and 30 as they apply in respect of the manufacture and storage of ammonium nitrate blasting intermediate is—U.K.
(a)in relation to manufacture or storage on an authorised defence site or a new nuclear build site, the ONR;
(b)otherwise, the Executive.
5. The licensing authority is the enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a site in relation to which it has granted that or any other person a licence.
6.—(1) The enforcing authority for regulation 28 where a person discards or disposes of explosives or explosive-contaminated items, or decontaminates explosive-contaminated items, at a place other than a site in relation to which a person holds a licence is—U.K.
(a)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the Executive in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the Executive;
(b)where the discarding, disposal or decontamination is carried out by, or on behalf of, a person who holds a licence granted by the ONR in a case in which the assent of the local authority was required under regulation 13(3) before the licence was granted, the ONR;
(c)where neither paragraph (a) or (b) applies—
(i)in any case where the local authority is by virtue of the 1998 Regulations the enforcing authority for the premises, or part of premises, at which the disposal or decontamination is carried out, the local authority;
(ii)otherwise, the Executive.
(2) In this paragraph, “local authority” in sub-paragraph 1(c) has the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998 M19.
Marginal Citations
M19S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469. For the purposes of regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations, “local authority” means: (a) in relation to England, a county council so far as they are the council for an area in which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly; (b) in relation to Scotland, the council for a local government area; (c) in relation to Wales, a county council or county borough council.
7. The Executive is the enforcing authority for regulation 29 as it applies to the import of pyrotechnic substances or pyrotechnic articles which consist of sulphur or phosphorous mixed with chlorate of potassium or other chlorates.
8. The enforcing authority for regulation 9 is—
(a)for a site in relation to which it has granted a person a licence, the Executive;
(b)subject to sub-paragraph (a), a local authority which is a licensing authority in the area of that local authority.
9.—(1) The enforcing authority for regulations 5, 11(5), 21(4), 31, 32 and 37 in any area of Great Britain is the chief officer of police for that area.
(2) Despite sub-paragraph (1), the enforcing authority for regulations 31, 32 and 37 against a police force, any member of a police force or any relevant person is—
(a)so far as the relevant regulation applies in relation to activities carried out on, or in relation to, any authorised defence site or a new nuclear build site, the ONR;
(b)otherwise, the Executive.
(3) For the purposes of this paragraph “relevant person” means a person—
(a)appointed to assist a police force as mentioned in paragraph 4(2) of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff); or
(b)appointed to assist a police force as mentioned in section 26 of the Police and Fire Reform (Scotland) Act 2012 (police staff).
10. The enforcing authority for regulation 33—
(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is that chief officer of police;
(b)at an authorised defence site or a new nuclear build site, is the ONR;
(c)otherwise, is the Executive.
11.—(1) The enforcing authority for regulation 34 is the Executive.U.K.
(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 34 to the extent that it imposes requirements on manufacturers who—
(a)are established in Great Britain; and
(b)manufacture explosives on an authorised defence site or a new nuclear build site.
12.—(1) The enforcing authority for regulation 35 is—
(a)the Executive—
(i)in respect of any place within a site in relation to which it is the licensing authority;
(ii)subject to paragraph (b)(ii), in respect of any place occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence;
(iii)in respect of any place below ground in any mine;
(iv)subject to paragraph (b)(iii), against a police force, any member of a police force or relevant person;
(b)the ONR—
(i)in respect of any place within a site in relation to which it is the licensing authority;
(ii)in respect of any place within an authorised defence site or a new nuclear build site;
(iii)against a police force, any member of a police force or any relevant person, so far as regulation 35 applies in relation to activities carried out on, or in relation to, any authorised defence site or new nuclear build site;
(c)in any other case, the chief officer of police for the area.
(2) In this paragraph “relevant person” has the meaning given in paragraph 9.
13. The enforcing authority for regulation 36—U.K.
(a)at a site in relation to which a person holds a licence granted by the chief officer of police for the area in which the site is situated, is, subject to sub-paragraph (b), that chief officer of police;
(b)at a site which is, or forms part of, an authorised defence site or a new nuclear build site, is the ONR;
(c)in any other case, is the Executive.
14.—(1) The enforcing authority for regulation 38 is the Executive.
(2) Despite sub-paragraph (1), the ONR is the enforcing authority for paragraphs (1) and (2) of regulation 38 as they apply on, or in relation to, an authorised defence site or a new nuclear build site.
15.—[F7(1) The Executive is the enforcing authority for regulation 8, Part 13 and paragraph 18 of Schedule 12.]
(2) Despite sub-paragraph (1), the ONR is the enforcing authority for regulation 8 as it applies on, or in relation to, any activity carried out wholly or mainly on an authorised defence site or a new nuclear build site.
Textual Amendments
F7Sch. 11 para. 15(1) substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), regs. 1, 12 (with regs. 2(1), 15)
Regulation 80
Textual Amendments
F8Sch. 12 substituted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15)
1. This Part applies in relation to—
(a)the enforcement of regulation 8 by the Executive or the ONR; and
(b)the enforcement of Part 13, and market surveillance in relation to that Part by the Executive.
2. In Great Britain, the Executive is designated as the market surveillance authority for the purposes of the Directive and RAMS in respect of civil explosives.
3. In its enforcement of Part 13, the Executive must enforce RAMS in respect of its application to civil explosives.
4. When enforcing Part 13, the enforcing authority must exercise its powers in a manner which is consistent with—
(a)paragraph 8 (evaluation of civil explosives presenting a risk);
(b)paragraph 9 (enforcement action in respect of civil explosives which are not in conformity and which present a risk);
(c)paragraph 10 (EU safeguard procedure);
(d)paragraph 11 (enforcement action in respect of civil explosives which are in conformity, but present a risk);
(e)paragraph 12 (enforcement action in respect of formal non-compliance); and
(f)paragraph 13 (restrictive measures).
5. Subject to paragraph 7, and to the extent that they would not otherwise do so in the case of regulation 8, the provisions of the 1974 Act referred to in paragraph 6 apply to regulation 8 and Part 13 for the purposes of their enforcement as if that regulation and that Part were health and safety regulations for the purposes of that Act.
6. In relation to the enforcement of the provisions referred to in paragraph 1—
(a)sections 19 to 28, 33 to 35, 38, 39, 41 42 and 46 of, and Schedule 3A to, the 1974 Act apply as provided in paragraph 7; and
(b)sections 36(1) and (2) and 37 of the 1974 Act apply in relation to offences under section 33 of the 1974 Act as applied by paragraph (a) and the modifications specified in paragraph 7.
7.—(1) For the purposes of the enforcement of the provisions referred to in paragraph 1, and in respect of any related proceedings for a contravention of any of those provisions, the provisions of the 1974 Act mentioned in paragraph 6 apply as if—
(a)any reference to the relevant statutory provisions in those provisions were a reference to—
(i)those provisions as modified by this paragraph; and
(ii)regulation 8 and Part 13 of these Regulations;
(b)references to “risk” were references to “risk” within the meaning of regulation 2(12);
(c)in section 19—
(i)in subsection (1)—
(aa)“Every enforcing authority” were a reference to the Executive or the ONR, as the case may be; and
(ab)“within its field of responsibility” were omitted;
(ii)in subsection (2), paragraph (b) were omitted; and
(iii)in subsection (3)—
(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and
(ab)“which appointed him” were omitted;
(d)in section 20—
(i)in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;
(ii)in subsection 2(c)(i), “his (the inspector’s) enforcing authority” were a reference to the Executive or the ONR, as the case may be;
(iii)in subsection 2(h), the reference to any article or substance which appears to an inspector to have caused or to be likely to cause danger to health or safety included a reference to any civil explosive item which an inspector has reasonable cause to believe will contravene the relevant statutory provisions, present a risk or be unlawfully acquired, used or dealt in;
(iv)in subsection (2)(i), the reference to “the preceding paragraph” included a reference to subsection (2)(h) as modified by this paragraph;
(v)subsection (3) were omitted;
(vi)in subsections (4) and (5), the reference to subsection (2)(h) included a reference to subsection (2)(h) as modified by this paragraph; and
(vii)in subsection (6), the reference to subsection (2)(i) included a reference to subsection (2)(i) as modified by this paragraph;
(e)in section 21—
(i)before paragraph (a), there were inserted—
“(za)is making available on the market a civil explosive which presents a risk;”;
(ii)after “specifying the”, there was inserted “risk, or”; and
(iii)after “requiring that person to”, there were inserted “address the risk or”;
(f)in section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in subsection (2), it permitted an inspector to serve a prohibition notice on a person if, as regards any activities to which the section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of that person, the activities involve or, as the case may be, will involve a risk or a contravention of any of the relevant statutory provisions (as referred to in this paragraph);
(g)in section 23, subsections (3), (4) and (6) were omitted;
(h)in section 25A, in subsection (1)—
(aa)“an enforcing authority” were a reference to the Executive or the ONR, as the case may be; and
(ab)before “inspector” where it first appears, there were inserted “an”;
(i)in section 26—
(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and
(ab)“which appointed him” were omitted;
(j)in section 27, in subsection (1)—
(i)paragraph (b) were omitted; and
(ii)“or, as the case may be, to the enforcing authority in question” were omitted;
(k)in section 27A, in subsection (2)—
(i)for “an enforcing authority” there were substituted “the Executive”; and
(ii)the words from “, other than the Office for Nuclear Regulation” to the end were omitted;
(l)in section 28—
(i)in subsection (1)(a)—
(aa)“, other than the Office for Nuclear Regulation (or an inspector appointed by it),” were omitted; and
(bb)“, by virtue of section 43A(6) below” were omitted;
(ii)in subsection (3)(a), “or any enforcing authority” were omitted;
(iii)in subsection (4)—
(aa)“or an enforcing authority” were omitted; and
(bb)“, (including in the case of an enforcing authority, any inspector appointed by it)” were omitted;
(iv)in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;
(v)in subsection (7)—
(aa)“14(4)(a) or” were omitted; and
(bb)for paragraph (b), there were substituted—
“(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and
(vi)subsection (9B) were omitted;
(m)in section 33—
(i)in subsection (1), paragraphs (a), (b) and (d) were omitted; and
(ii)subsection (2) has effect subject to a subsection (2A) as follows—
“(2) The maximum penalty for an offence under this section involving a contravention of Part 13 of the Explosives Regulations 2014 (S.I. 2014/1638) is—
(a)on summary conviction—
(i)in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;
(ii)in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and
(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.”;
(iii)subsection (3) were omitted;
(n)in section 34—
(i)in subsection (1)—
(aa)paragraphs (a) and (b) were omitted;
(bb)for the words from “and it appears” to the end, there were substituted—
“and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and
(ii)in subsection (3)—
(aa)the reference to six months were a reference to twelve months; and
(ab)“a responsible enforcing authority”, “an enforcing authority” and “the enforcing authority” were each, respectively, a reference to the Executive or the ONR, as the case may be;
(iii)in subsection (4)—
(aa)the reference to “the designer, manufacturer, importer or supplier of any thing” were a reference to an economic operator within the meaning of regulation 2(1); and
(bb)“and in that subsection” to the end were omitted; and
(iv)subsection (6) were omitted;
(o)in section 35, “any enforcing authority” were a reference to the Executive or the ONR, as the case may be;
(p)in section 39—
(aa)“the enforcing authority” were a reference to the Executive or the ONR, as the case may be; and
(ab)“which appointed him” were omitted; and
(q)in section 42, the reference in subsection (3A) to “an explosive article or substance” were a reference to a civil explosive article or substance within the meaning of regulation 33(8).”.
(2) The provisions of the 1974 Act referred to in paragraph 6, except sections 19 and 20, do not apply in relation to the performance of the functions of the Secretary of State under Sub-Part C of Part 13 or the functions under that Part of a notified body which is a public body performing its functions on behalf of the Crown.
8. Where the Executive has sufficient reason to believe that a civil explosive presents a risk, the Executive must carry out an evaluation in relation to the civil explosive covering the relevant requirements of Part 13 applying in respect of that civil explosive.
9.—(1) Where, in the course of the evaluation referred to in paragraph 8, the Executive finds that the civil explosive is not in conformity with Part 13, it must, without delay, require a relevant economic operator to—
(a)take appropriate corrective actions to bring the civil explosive into conformity with those requirements within a prescribed period;
(b)withdraw the civil explosive within a prescribed period; or
(c)recall the civil explosive within a prescribed period.
(2) The Executive must inform the notified body which carried out the conformity assessment procedure in respect of the civil explosive of—
(a)the respect in which the civil explosive is not in conformity with Part 13; and
(b)the actions which the Executive is requiring the relevant economic operator to take.
(3) Where the Executive considers that the lack of conformity referred to in sub-paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—
(a)the results of the evaluation; and
(b)the actions which it has required the economic operator to take.
(4) Where the Secretary of State receives a notice under sub-paragraph (3), the Secretary of State must inform the European Commission and the other EEA states of—
(a)the results of the evaluation; and
(b)the actions which the Executive has required the economic operator to take.
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the Executive must take appropriate measures to—
(a)prohibit or restrict the civil explosive being made available on the market in the United Kingdom;
(b)withdraw the civil explosive from the United Kingdom market; or
(c)recall the civil explosive.
(6) Where the Executive takes measures under sub-paragraph (5), it must notify the Secretary of State of those measures without delay.
(7) Where the Secretary of State receives a notice under sub-paragraph (6), the Secretary of State must notify the European Commission and the other EEA states of those measures without delay.
(8) The notices in sub-paragraphs (6) and (7) must include details about the civil explosive and, in particular—
(a)the data necessary for the identification of the civil explosive which is not in conformity with Part 13;
(b)the origin of the civil explosive;
(c)the nature of the lack of conformity alleged and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the relevant economic operator; and
(f)whether the lack of conformity is due to either of the following—
(i)failure of the civil explosive to meet requirements relating to a risk;
(ii)shortcomings in the harmonised standards referred to in regulation 65 (presumption of conformity) conferring a presumption of conformity.
(9) In this paragraph, “prescribed period” means a period which is—
(a)prescribed by the Executive; and
(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.
(10) For the purposes of sub-paragraph (5), “take appropriate measures” includes the Executive making arrangements with the competent national authority for Northern Ireland as to measures referred to in that sub-paragraph being taken there by that authority.
10.—(1) Where another EEA state has initiated the procedure under Article 42 of the Directive, as amended from time to time, the Executive must, without delay, inform the Secretary of State of—
(a)any measures taken by the Executive in respect of the civil explosive; and
(b)any additional information which the Executive has at its disposal relating to the lack of conformity of the civil explosive.
(2) Where another EEA state has initiated the procedure under Article 42 of the Directive (as amended from time to time) the Secretary of State must, without delay, inform the European Commission and the other EEA states of—
(a)any measures taken by the Executive in respect of the civil explosive;
(b)any additional information which the Executive has at its disposal relating to the lack of conformity of the civil explosive; and
(c)any objections that the Secretary of State may have to the measure taken by the EEA state initiating the procedure.
(3) Where a measure taken by another EEA state in respect of a civil explosive is considered justified under Article 42(7) of the Directive, as amended from time to time, the Executive must ensure that appropriate measures, such as withdrawal, are taken in respect of the civil explosive without delay.
(4) Where a measure taken by another EEA state in respect of a civil explosive is considered justified by the European Commission under Article 43(1) of the Directive, as amended from time to time, the Executive must take the necessary measures to ensure that the civil explosive is withdrawn from the United Kingdom market.
(5) Where the Executive has taken action under sub-paragraph (3) or (4), it must inform the Secretary of State.
(6) Where the Secretary of State receives a notice under sub-paragraph (5), the Secretary of State must inform the European Commission of the action taken.
(7) If a measure taken by the Executive pursuant to paragraph 9 is considered unjustified by the European Commission under Article 43(1) of the Directive, as amended from time to time, the Executive must withdraw that measure.
(8) For the purposes of sub-paragraph (4), “take the necessary measures” includes the Executive making arrangements with the competent national authority for Northern Ireland as to measures referred to in that sub-paragraph being taken there.
11.—(1) Where, having carried out an evaluation under paragraph 8, the Executive finds that, although a civil explosive is in conformity with Part 13 it presents a risk, the Executive must require a relevant economic operator to take appropriate measures to—
(a)ensure that the civil explosive concerned, when placed on the market, no longer presents a risk;
(b)withdraw the civil explosive within a prescribed period; or
(c)recall the civil explosive within a prescribed period.
(2) Where the Executive takes measures under sub-paragraph (1), it must notify the Secretary of State immediately.
(3) Where the Secretary of State receives a notice under sub-paragraph (2), the Secretary of State must notify the European Commission and the other EEA states immediately.
(4) The notices referred to in sub-paragraphs (2) and (3) must include details about the civil explosive and, in particular—
(a)the data necessary for the identification of the civil explosive concerned;
(b)the origin and the supply chain of the civil explosive;
(c)the nature of the risk involved; and
(d)the nature and duration of the measures taken by the Executive.
(5) In this paragraph, “prescribed period” means a period which is—
(a)prescribed by the Executive; and
(b)reasonable and commensurate with the nature of the risk presented by the civil explosive.
12.—(1) Where the Executive makes one of the following findings relating to a civil explosive, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
(a)the CE marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 64 (prohibition on improper use of CE marking) and 68 (CE marking);
(b)where a notified body is involved in the production control phase for the civil explosive, the identification number of the notified body—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulation 68;
(c)the EU declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 41 (EU declaration of conformity and CE marking) and 67 (EU declaration of conformity);
(d)the technical documentation is either not available or not complete;
(e)the following information that is required in respect of the civil explosive is absent, false or incomplete—
(i)the information specified in regulation 44 (traceability of civil explosives to which regulations 33, 34 and 36 do not apply);
(ii)the information specified in regulation 50 (information identifying importer); or
(f)any other administrative requirement imposed on the manufacturer or importer under Part 13 has not been fulfilled.
(2) Until the specified period has elapsed, the Executive must not commence proceedings in relation to Part 13 of these Regulations, or take any other enforcement action in relation to that Part, against the relevant economic operator in respect of the non-compliance concerned.
(3) Where the non-compliance referred to in sub-paragraph (1) persists, the Executive must take appropriate measures to—
(a)restrict or prohibit the civil explosive being made available on the market;
(b)ensure that the civil explosive is withdrawn; or
(c)ensure that the civil explosive is recalled.
(4) This paragraph does not apply where a civil explosive presents a risk.
13. When enforcing Part 13, the Executive must comply with the requirements of Article 21 of RAMS, as amended from time to time, in relation to any measure to—
(a)prohibit or restrict a civil explosive being made available on the market;
(b)withdraw a civil explosive; or
(c)recall a civil explosive.
14. In addition to the powers available to the Executive under Part 1 of this Schedule for enforcing Part 13, the Executive may use the powers set out in this Part.
15.—(1) The Executive may serve a compliance notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that there is non-compliance.
(2) A compliance notice must—
(a)require the relevant economic operator on which it is served to—
(i)end the non-compliance within such period as may be specified in the notice; or
(ii)provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the Executive that the non-compliance has not in fact occurred; and
(b)warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the civil explosive or any civil explosive of the same type made available on the market by that relevant economic operator.
(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.
(4) Subject to sub-paragraph (5), the Executive may revoke or vary a compliance notice by serving a notification on the economic operator.
(5) The Executive may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
16.—(1) The Executive may serve a withdrawal notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—
(a)the civil explosive has been made available on the market; and
(b)there is non-compliance.
(2) A withdrawal notice must prohibit the relevant economic operator from making the civil explosive available on the market without the consent of the Executive.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the civil explosive.
(4) A withdrawal notice may require the relevant economic operator to keep the Executive informed of the whereabouts of any civil explosive referred to in the notice.
(5) A consent given by the Executive pursuant to a withdrawal notice may impose such conditions on the making available on the market as the Executive considers appropriate.
(6) Subject to sub-paragraph (7), the Executive may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) The Executive may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
17.—(1) The Executive may serve a recall notice on a relevant economic operator in respect of a civil explosive if the Executive has reasonable grounds for believing that—
(a)the civil explosive has been made available to end-users; and
(b)there is non-compliance.
(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the civil explosive from end-users to the relevant economic operator or another person specified in the notice.
(3) A recall notice may—
(a)require the recall to be effected in accordance with a code of practice;
(b)require the relevant economic operator to—
(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;
(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the civil explosive poses and the fact of the recall; or
(iii)make arrangements for the collection or return of the civil explosive from end-users or its disposal; or
(c)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the civil explosive.
(4) In determining what requirements to include in a recall notice, the Executive must take into consideration the need to encourage distributors and end-users to contribute to its implementation.
(5) A recall notice may only be issued by the Executive where—
(a)other action which it may require under or by virtue of this Schedule would not suffice to address the non-compliance;
(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;
(c)the Executive has given not less than 10 days’ notice to the relevant economic operator of its intention to serve such a notice; and
(d)the Executive has taken account of any advice obtained under sub-paragraph (6).
(6) A relevant economic operator which has received notice from the Executive of an intention to serve a recall notice may at any time prior to the service of the recall notice require the Executive to seek the advice of such person as the Institute determines on the questions of—
(a)whether there is non-compliance; and
(b)whether the issue of a recall notice would be proportionate.
(7) Sub-paragraphs (5)(b), (c) and (d) do not apply in the case of a civil explosive presenting a serious risk requiring, in the view of the Executive, urgent action.
(8) Where a relevant economic operator requires the Executive to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the Executive.
(9) In this regulation, “Institute” means the charitable organisation with the registered number 803725 and known as the Chartered Institute of Arbitrators.
(10) A recall notice served by the Executive may require the relevant economic operator to keep the Executive informed of the whereabouts of a civil explosive to which the recall notice relates, so far as the relevant economic operator is able to do so.
(11) Subject to sub-paragraph (12), the Executive may revoke or vary a recall notice by serving a notification on the economic operator.
(12) The Executive may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
18.—(1) A person must not contravene any requirement or prohibition imposed by a withdrawal or recall notice served pursuant to this Part (including any such notice as varied by the Executive or on appeal).
(2) The provisions of section 33(1)(c) of the 1974 Act apply to sub-paragraph (1) for the purposes of its enforcement as if it were health and safety regulations for the purposes of that Act.
(3) The maximum penalty for an offence under section 33(1)(c) of the 1974 Act, as applied by sub-paragraph (2), is determined in accordance with sub-paragraph (4).
(4) The penalty referred to in sub-paragraph (3) is—
(a)on summary conviction—
(i)in England and Wales, imprisonment for a term not exceeding three months or a fine, or both;
(ii)in Scotland, imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum, or both; and
(b)on conviction on indictment, imprisonment for a term not exceeding two years, or a fine, or both.
19. In this Part, “non-compliance” means that a civil explosive—
(a)presents a risk; or
(b)is not in conformity with Part 13 or RAMS in its application to civil explosives.
20.—(1) Subject to paragraphs (2) and (4), in proceedings for an offence under section 33(1)(c) of the 1974 Act involving a contravention of Part 13 or paragraph 18, it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—
(a)served a notice in accordance with paragraph (3); or
(b)obtained the leave of the court.
(3) The notice must—
(a)give any information in P’s possession which identifies or assists in identifying the person who—
(i)committed the act or default; or
(ii)supplied the information on which P relied; and
(b)be served on the person bringing the proceedings not less than 7 clear days before—
(i)in England and Wales, the hearing of the proceedings;
(ii)in Scotland, the trial diet.
(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—
(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether P had any reason to disbelieve the information.
(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—
(a)to the act or default of another person; or
(b)to reliance on information supplied by another person.
21.—(1) Section 46 of the 1974 Act applies to the service of—
(a)a compliance, withdrawal or recall notice served by the Executive as it applies to notices served under that Act on a person other than an inspector appointed under section 19 of that Act; and
(b)a notice served by a person under paragraph 20 as it applies to notices served under that Act on an inspector appointed under section 19 of that Act.
22.—(1) The Executive may itself take action which an economic operator could have been required to take by a notice served under or by virtue of Parts 1 or 2 of this Schedule where the conditions for serving such a notice are met and either—
(a)the Executive has been unable to identify any economic operator on whom to serve such a notice; or
(b)the economic operator on whom such a notice has been served has failed to comply with it.
(2) If the Executive has taken action as a result of the condition in paragraph (1)(b) being met, the Executive may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the Executive in taking the action.
(3) A civil debt recoverable under paragraph (2) may be recovered summarily in England and Wales by way of a complaint pursuant to section 58 of the Magistrates’ Courts Act 1980.
23.—(1) An application for an order to vary or set aside the terms of a notice served under Part 2 of this Schedule may be made to the appropriate court—
(a)by the economic operator on whom the notice has been served; and
(b)in the case of a notice other than a recall notice, by a person having an interest in the civil explosive in respect of which the notice has been served.
(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.
(3) The appropriate court may only make an order setting aside a notice served under Part 2 of this Schedule if satisfied—
(a)that the civil explosive to which that notice relates is in conformity with Part 13 and does not present a risk; or
(b)that the enforcing authority failed to comply with paragraph 4 when serving the notice.
(4) On an application to vary the terms of a notice served by virtue of Part 2 of this Schedule, the appropriate court may vary the terms of the notice as it considers appropriate.
(5) In this paragraph, the “appropriate court” is to be determined in accordance with paragraph 24 (appropriate court for appeals against notices).
24.—(1) In England and Wales, the appropriate court for the purposes of paragraph 23 is—
(a)the court in which proceedings have been brought for an offence in relation to the civil explosive under section 33 of the 1974 Act;
(b)an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule; or
(c)in any other case, a magistrates’ court.
(2) In Scotland, the appropriate court for the purposes of paragraph 23 is—
(a)the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office; or
(b)an employment tribunal seized of appeal proceedings against a notice which relates to the civil explosive and which has been served under or by virtue of Part 1 of this Schedule.
(3) A person aggrieved by an order made by a magistrates’ court in England and Wales pursuant to an application under paragraph 23, or by a decision of such a court not to make such an order, may appeal against that order or decision to the Crown Court.]
Regulation 48(1)
1.—(1) The Explosives Act 1875 M20 is amended as follows.
(2) Omit sections 23 and 61.
(3) In section 74 (seizure and detention of explosives liable to forfeiture) —
(a)in the opening words, omit “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”;
(b)in subsection (1)—
(i)for the words from “he is an inspector” to “a justice”, substitute “ he is authorised by an order from a justice ”; and
(ii)omit “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; and
(c)after subsection (6), omit the words from “In this section” to the end of the section.
Marginal Citations
M201875 c. 17 (38 & 39 Vict.); section 23 was substituted by S.I. 2005/1082 in relation to England, Wales and Scotland. Sections 61 and 74 were amended by the Energy Act 2013 (C. 32), Schedule 12, Part 5, paragraphs 50 and 52 and section 61 was additionally amended by S.I. 1974/1885.
2. In section 143 of the London Building Act 1930 M21 (regulations for building near dangerous business), in subsection (4)(a), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.
Marginal Citations
M211930 c. clviii; section 143(4)(a) was amended by S.I. 2005/1082.
3. The Fireworks Act 1951 M22 is repealed.
Marginal Citations
4. In section 75(1) of the Customs and Excise Management Act 1979 M23 (explosives), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.
Marginal Citations
M231979 c.2; section 75(1) was amended by S.I. 2005/1082.
5. In section 8(2) of the Isle of Man Act 1979 M24 (removal of goods from Isle of Man to United Kingdom)—
(a)at the end of paragraph (b) insert “ or ”; and
(b)for paragraphs (c) and (d) substitute —
“(c)any explosives the importation of which into the United Kingdom is prohibited by regulation 29 of the Explosives Regulations 2014.”.
Marginal Citations
M241979 c.58; section 8(2)(b) to (d) was amended by S.I. 2005/1082.
6. In section 142(7) of the Environmental Protection Act 1990 M25 (powers to obtain information about potentially hazardous substances), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.
Marginal Citations
M251990 c.43; the entry relating to the Manufacture and Storage of Explosives Regulations 2005 in section 142(7) was inserted by S.I. 2005/1082.
7. In section 14(2) of the Fireworks Act 2003 M26 (prohibition of supply etc. of other explosives), for “the Explosives Act 1875 (c. 17)” substitute “ the Explosives Regulations 2014 ”.
8.—(1) The Energy Act 2013 M27 is amended as follows.
(2) In Schedule 12 (minor and consequential amendments relating to Part 3), omit paragraphs 50 to 52.
9. In Schedule 1 to the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 M28 (exempted matter), for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.
Marginal Citations
M28S.I. 1969/1263, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.
10. In Schedule 2 to the Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974 M29 (the Explosives Act 1875: modifications), omit paragraph 5.
Marginal Citations
11. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 M30 is amended as follows—
(a)in paragraph 8 of Part III of Schedule 1 (excepted professions, offices, employments, work and occupations), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”;
(b)in paragraph 3 of Schedule 2 (excepted licences, certificates and permits), for “regulations 4 and 7 of the Control of Explosives Regulations 1991”, substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”; and
(c)for paragraph 13 of Schedule 3 (excepted proceedings) substitute—
“13. Proceedings in respect of—
(a)an application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the Explosives Regulations 2014 (“the 2014 Regulations”) as to the fitness of the applicant to acquire or acquire and keep explosives, including consideration as to whether to refuse the application on any of the grounds specified in regulation 19 of the 2014 Regulations;
(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;
(c)an appeal or application pursuant to regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.”.
Marginal Citations
M30S.I. 1975/1023, amended by S.I. 2005/1082 and revoked, in relation to Scotland, by S.S.I 2003/321. There are other amending instruments but none is relevant.
12. In article 3(e) of the Isles of Scilly (Functions) Order 1979 M31 —
(a)omit “the Explosives Act 1875;”; and
(b)for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”.
Marginal Citations
M31S.I. 1979/72, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.
13. Regulation 33 of the Dangerous Substances in Harbour Areas Regulations 1987 M32 (Application of Part IX) is amended as follows—
(a)in sub-paragraph (b) of paragraph 1, for the words from “article 8” to “Order 2001” substitute “ article 11 of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2013 M33 ”; and
(b)in sub-paragraph (e) of paragraph 2—
(i)in paragraph (i), for “ licensed under the Manufacture and Storage of Explosives Regulations 2005” substitute “ in relation to which a person holds a licence under the Explosives Regulations 2014 (“the 2014 Regulations”) ”; and
(ii)for paragraph (ii), substitute—
“(ii)in relation to which a person is deemed to be licensed under the 2014 Regulations by virtue of regulation 47(1) of those Regulations in cases where, in relation to that deemed licence, the assent of the local authority would have been required pursuant to regulation 13(3) of the 2014 Regulations had a licence been applied for under those Regulations;”.
Marginal Citations
M32S.I. 1987/37, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.
14.—(1) Schedule 1 to the Planning (Hazardous Substances) Regulations 1992 M34 (hazardous substances and controlled quantities) is amended as follows.
F9(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In column 1 of entry number 54 in Part A as it applies in Wales, for paragraph (1) substitute—
“(1) cellulose nitrate—
(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—
(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
(ii)paragraph 1(d) of Schedule 1 to those Regulations; or
(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”.
F10(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Part B as it applies in Wales—
(a)in column 1 of entry 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—
“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those—
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —
paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
paragraph 1(d) of Schedule 1 to those Regulations; or
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and
(b)in column 1 of entry 5, for the words from “EXPLOSIVE” to “Regulations 1987 substitute—
“EXPLOSIVE (see Note 2 to this Part) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those —
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—
paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
paragraph 1(d) of Schedule 1 to those Regulations; or
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.
Textual Amendments
F9Sch. 13 para. 14(2) revoked (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 28 (with reg. 34)
F10Sch. 13 para. 14(4) revoked (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 28 (with reg. 34)
Marginal Citations
M34S.I. 1992/656; relevant amending instruments are S.I. 2009/1901 (in relation to England), 2010/450 (W.48) (in relation to Wales) and 2014/469.
15. In regulation 2(1) of the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993 M35 (interpretation), in the definition of “explosives store” for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.
Marginal Citations
M35S.I. 1993/208, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.
16. Schedule 1 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 M36 (hazardous substances and controlled quantities) is amended as follows—
(a)in Part A, in column 1 of entry number 54, for paragraph (1), substitute—
“(1) cellulose nitrate—
(a)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —
(i)paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
(ii)paragraph 1(d) of Schedule 1 to those Regulations; or
(b)for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or”; and
(b)in Part B—
(i)in column 1 of entry number 4, for the words from “EXPLOSIVE” to “Regulations 1987” substitute—
“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under UN/ADR Division 1.4, excluding those —
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of —
paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
paragraph 1(d) of Schedule 1 to those Regulations; or
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
licensed under the Dangerous Substances in Harbour Areas Regulations 1987”; and
(ii)in column 1 of entry number 5, for the words from “EXPLOSIVE” to “Regulations 1987”, substitute—
“EXPLOSIVE (see Note 2 to Part B) where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3, excluding those—
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Health and Safety Executive where it is the licensing authority by virtue of—
paragraph 1(b) of Schedule 1 to those Regulations in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
paragraph 1(d) of Schedule 1 to those Regulations; or
for which a licence is required and has been granted under the Explosives Regulations 2014 by the Office for Nuclear Regulation in cases where the assent of the local authority was required pursuant to regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations; or
licensed under the Dangerous Substances in Harbour Areas Regulations 1987”.
Marginal Citations
M36S.I. 1993/323; relevant amending instruments are S.S.I. 2009/378 and 2014/469.
17. In regulation 4 of the Health and Safety (Enforcing Authority) Regulations 1998 M37 (exceptions), omit paragraphs (7) to (12).
Marginal Citations
M37S.I. 1998/494; relevant amending instruments are S.I. 2005/1082, 2007/2598, 2009/693 and 2014/469.
18. In Schedule 6 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 M38 (enactments conferring specific exemptions, privileges etc.), omit the entry relating to the Fireworks Act 1951.
Marginal Citations
M38S.I. 1999/1736, to which there are amendments not relevant to these Regulations.
19. In regulation 2(1) of the Quarries Regulations 1999 M39 (interpretation), in the definition of “explosives store”, for “or registration made under the Manufacture and Storage of Explosives Regulations 2005” substitute “ under the Explosives Regulations 2014 ”.
Marginal Citations
M39S.I. 1999/2024, amended by S.I. 2005/1082; there are other amending instruments but none is relevant.
20. For paragraph 1 of Schedule 1 to the Building (Scotland) Regulations 2004 M40 (exempted buildings and services, fittings and equipment), substitute—
“1.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage.
(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.
(3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which—
(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or
(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations.”.
Marginal Citations
M40S.S.I. 2004/406, amended by S.S.I. 2006/534; there are other amending instruments but none is relevant.
21. In paragraph 1 of Part 3 of Schedule 3 to the REACH Enforcement Regulations 2008 M41 (health and safety enforcement) for sub-paragraph (t), substitute—
“(t)in relation to Great Britain, the manufacture or storage of ammonium nitrate blasting intermediate under the Explosives Regulations 2014.”.
Marginal Citations
M41S.I. 2008/2852, to which there are amendments not relevant to these Regulations.
22. In regulation 2 of the Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 M42 (extension outside Great Britain)—
(a)omit paragraphs (a) and (b); and
(b)omit “, respectively, regulation 14 of the Control of Explosives Regulations 1991, regulation 3(1)(b) of the Manufacture and Storage of Explosives Regulations 2005 and”.
Marginal Citations
23. In regulation 7 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 M43 (additional security requirements for carriage by road), for paragraph (5)(c) substitute—
“(c)“a safe and secure place” means a safe and secure place—
(i)within a site in relation to which a person is licensed to manufacture or store explosives under regulation 13 of the Explosives Regulations 2014; or
(ii)at which the manufacture or storage of explosives may lawfully take place by virtue of a certificate of exemption granted under those Regulations.”.
Marginal Citations
M43S.I. 2009/1348, to which there are amendments not relevant to these Regulations.
24. For paragraph 1 of Class 1 of Schedule 2 to the Building Regulations 2010 M44 (exempt buildings and work), substitute—
“1.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—
(a)the whole building is used for that manufacture or storage, and either
(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or
(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.
(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —
(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or
(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,
that part of the building where the licence specifies that that manufacture or storage may take place.”.
Marginal Citations
M44S.I. 2010/2214, to which there are amendments not relevant to these Regulations.
25. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 M45 are amended as follows—
(a)in regulation 17(2) (consequential amendments), omit sub-paragraphs (c), (d) and (e); and
(b)in the Schedule omit paragraphs 3, 4 and 5.
Marginal Citations
26. The Health and Safety (Fees) Regulations 2012 M46 are amended as follows.
Marginal Citations
M46S.I. 2012/1652, amended by S.I. 2014/469; there are other amending instruments but none is relevant.
27. In regulation 1(4) (citation, commencement and interpretation), for “explosives certificate, licence or registration” substitute “ explosive certificate or licence ”.U.K.
28.—(1) In regulation 9 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.
(a)for paragraph (1), substitute—
“(1) Where an application in relation to a provision specified in column 1 of Part 1 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority which is the licensing authority by virtue of—
(a)paragraph 1(c) or (d) of Schedule 1 to the 2014 Regulations, or
(b)paragraphs 1(b), 2 or 4 of that Schedule in cases where the assent of the local authority is required under regulation 13(3) of those Regulations or is not required by virtue of regulation 13(4)(b) to (g) of those Regulations,
the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;
(b)in paragraph (2), after “manufacture” insert “ or store ”;
(c)for paragraph (3), substitute—
“(3) Where an application in relation to a provision specified in column 1 of Part 2 of Schedule 8, for a purpose specified in column 2 of that Part, is made to a licensing authority, which is the licensing authority by virtue of—
(a)paragraph 1(a) of Schedule 1 to the 2014 Regulations, or
(b)paragraphs 1(b), 2 or 4 of Schedule 1 to those Regulations in cases where the requirement for assent of the local authority under regulation 13(3) of those Regulations is disapplied by regulation 13(4)(a) of those Regulations,
the fee specified in the corresponding entry in column 3 of that Part is payable by the applicant to that licensing authority.”;
(d)in paragraph (11)—
(i)for “1991” substitute “ 2014 ”; and
(ii)for “4(6)(d)” substitute “ 19(2)(d) ”; and
(e)in paragraph (13)—
(i)omit the definition of “the 1991 Regulations”;
(ii)for the definition of “the 2005 Regulations” substitute—
““the 2014 Regulations” means the Explosives Regulations 2014;”;
(iii)for the definition beginning “ “ammonium nitrate blasting intermediate”” substitute “ “ammonium nitrate blasting intermediate”, “chief officer of police”, “explosives certificate”, “licence”, “licensing authority”, “manufacture”, “on-site mixing”, “prohibited person”, “shooters' powder” and “site” have the same meanings as in the 2014 Regulations;”; and
(iv)omit the definition beginning “ “chief officer of police””.
29. In Schedule 8 (fees payable under the Manufacture and Storage of Explosives Regulations 2005 and certain other provisions concerning explosives, including acetylene, and under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936)—U.K.
(a)for the heading and Part 1, substitute—
1 | 2 | 3 | 4 |
---|---|---|---|
Provision under which a licence is granted | Purpose of application | Fee | Fee for work by Specialist Inspector |
The 2014 Regulations | |||
Regulation 13, as extended by regulation 2(2) of those Regulations to the manufacture and storage of ammonium nitrate blasting intermediate | Licence to manufacture explosives not being ammonium nitrate blasting intermediate nor relating to on-site mixing | £631 | £127 per hour worked |
Licence to manufacture or store only ammonium nitrate blasting intermediate | £156 per hour worked | ||
Licence to manufacture explosives by means of on-site mixing | £234 | £127 per hour worked | |
Licence to store explosives: | £631 | £127 per hour worked | |
Renewal of any of the above licences | £83 | £127 per hour worked | |
Regulation 16 | Varying a licence to manufacture or store explosives, not being ammonium nitrate blasting intermediate: | £432 | £127 per hour worked |
Varying a licence to manufacture or store ammonium nitrate blasting intermediate | £156 per hour worked | ||
Regulation 17 | Transfer of any of the above licences | £52 | |
Replacement of any licences referred to in this Part if lost | £52”; |
(b)for Part 2 substitute—
1 | 2 | 3 |
---|---|---|
Provision under which a licence is granted | Purpose of application | Fee |
The 2014 Regulations | ||
Regulation 13 | Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed: | |
(a) one year's duration | £178 | |
(b) two years' duration | £234 | |
(c) three years' duration | £292 | |
(d) four years' duration | £360 | |
(e) five years' duration | £407 | |
Licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed: | ||
(a) one year's duration | £105 | |
(b) two years' duration | £136 | |
(c) three years' duration | £166 | |
(d) four years' duration | £198 | |
(e) five years' duration | £229 | |
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, a minimum separation distance of greater than 0 metres is prescribed: | ||
(a) one year's duration | £83 | |
(b) two years' duration | £141 | |
(c) three years' duration | £198 | |
(d) four years' duration | £256 | |
(e) five years' duration | £313 | |
Renewal of licence to store explosives where, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations, no minimum separation distance or a 0 metres minimum separation distance is prescribed: | ||
(a) one year's duration | £52 | |
(b) two years' duration | £83 | |
(c) three years' duration | £115 | |
(d) four years' duration | £146 | |
(e) five years' duration | £178 | |
Regulation 16 | Varying a licence: | |
(a) varying name of licensee or address of site | £35 | |
(b) any other kind of variation | The reasonable cost to the licensing authority of having the work carried out | |
Regulation 17 | Transfer of licence | £35 |
Replacement of licence | £35 | |
Note: The fee payable for a licence or renewal of a licence—
(a)of less than one year's duration is, respectively, the fee set out above for a licence, or renewal of a licence of one year's duration decreased proportionately according to the duration of the period for which the licence renewal is granted;
(b)of more than one but less than two years' duration is, respectively, the fee set out above for a licence, or a renewal of a licence of one year's duration increased proportionately according to the duration of the period for which the licence or renewal is granted;
(c)of more than two but less than three years' duration is, respectively, the fee set out above for a licence or renewal of a licence of two years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;
(d)of more than three but less than four years' duration is, respectively, the fee set above for a licence or renewal of a licence of three years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted;
(e)of more than four but less than five years' duration is, respectively, the fee set out above for a licence or renewal of a licence of four years' duration increased proportionately according to the duration of the period for which the licence or renewal is granted.”; and
(c)for Part 8 substitute—
1 | 2 | 3 |
---|---|---|
Provisions under which a fee is payable | Purpose of application | Fee |
The 2014 Regulations | ||
Regulation 11 (see Note) | (a) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (c), (g) or (i), at a site in relation to which a person holds a licence to store explosives and, by virtue of regulation 27 of, and Schedule 5 to, the 2014 Regulations no minimum separation distance is prescribed or a 0 metres minimum separation distance is prescribed: | |
(i) one year's duration | £125 | |
(ii) two years' duration | £156 | |
(iii) three years' duration | £188 | |
(iv) four years' duration | £219 | |
(v) five years' duration | £251 | |
(b) Renewal of the explosives certificate referred to in (a): | ||
(i) one year's duration | £110 | |
(ii) two years' duration | £130 | |
(iii) three years' duration | £151 | |
(iv) four years' duration | £173 | |
(v) five years' duration | £193 | |
(c) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (a), (g) or (i), at a site in relation to which a person holds a licence for the storage of no more than 2000 kilograms of explosives: | ||
(i) one year's duration | £136 | |
(ii) two years' duration | £166 | |
(iii) three years' duration | £198 | |
(iv) four years' duration | £229 | |
(v) five years' duration | £261 | |
(d) Renewal of the explosives certificate referred to in (c): | ||
(i) one year's duration | £130 | |
(ii) two years' duration | £156 | |
(iii) three years' duration | £183 | |
(iv) four years' duration | £209 | |
(v) five years' duration | £234 | |
(e) Explosives certificate for acquiring and keeping explosives, not including an application for an explosives certificate referred to in entries (g) or (i), at a site in relation to which a person holds a licence for the storage of more than 2000 kilograms of explosives: | ||
(i) one year's duration | £183 | |
(ii) two years' duration | £219 | |
(iii) three years' duration | £256 | |
(iv) four years' duration | £292 | |
(v) five years' duration | £329 | |
(f) Renewal of the explosives certificate referred to in (e): | ||
(i) one year's duration | £161 | |
(ii) two years' duration | £193 | |
(iii) three years' duration | £224 | |
(iv) four years' duration | £256 | |
(v) five years' duration | £287 | |
(g) Explosives certificate for acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time | £24 | |
(h) Renewal of the explosives certificate referred to in (g) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time | £15 | |
(i) Explosives certificate for the acquiring and keeping only shooters' powder at a site in relation to which the applicant holds a licence and a relevant certificate, where no relevant application under the 1968 Act by the applicant is to be determined at the same time | £44 | |
(j) Renewal of the explosives certificate referred to in (i) where no relevant application under the 1968 Act by the applicant is to be determined at the same time | £18 | |
(k) Explosives certificate for acquiring more than 15 kilograms of explosives, not including an application for an explosives certificate referred to in entries (m) or (o): | ||
(i) one year's duration | £125 | |
(ii) two years duration | £156 | |
(iii) three years duration | £188 | |
(iv) four years duration | £219 | |
(v) five years duration | £251 | |
(l) Renewal of the explosive certificate referred to in (k): | ||
(i) one year's duration | £110 | |
(ii) two years duration | £130 | |
(iii) three years duration | £151 | |
(iv) four years duration | £173 | |
(v) five years duration | £193 | |
(m) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the explosives certificate application which is to be determined at the same time | £24 | |
(n) Renewal of the explosives certificate referred to in (m) where the applicant also makes a relevant application under the 1968 Act to the chief officer of police determining the renewal application which is to be determined at the same time | £15 | |
(o) Explosives certificate for acquiring more than 15 kilograms of shooters' powder only, where the applicant holds a relevant certificate and no relevant application under the 1968 Act is to be determined at the same time | £44 | |
(p) Renewal of the explosives certificate referred to in (o) where no relevant application under the 1968 Act by the applicant is to be determined at the same time | £18 | |
(q) Replacement of any explosives certificate referred to in (a) to (f) and (k) and (l) if lost | £35 | |
(r) Replacement of any explosives certificate referred to in (g) to (j) and (m) to (p) if lost | £10 | |
The fee for a check carried out for the purposes of regulation 19(2)(d) of the 2014 Regulations is £5 | |
Note: The fee payable for an explosives certificate or renewal of an explosives certificate (“renewal”)—
(a)of less than one year's duration is, respectively, the fee set out above for a certificate, or renewal of an explosives certificate of one year's duration decreased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;
(b)of more than one but less than two years' duration is, respectively, the fee set out above for an explosives certificate, or a renewal of an explosives certificate of one year's duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;
(c)of more than two but less than three years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of two years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;
(d)of more than three but less than four years' duration is, respectively, the fee set above for an explosives certificate or renewal of an explosives certificate of three years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted;
(e)of more than four but less than five years' duration is, respectively, the fee set out above for an explosives certificate or renewal of an explosives certificate of four years' duration increased proportionately according to the duration of the period for which the explosives certificate or renewal is granted.”.
30. The Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) (Scotland) Order 2013 M47 is amended as follows—
(a)for paragraph 10 of Schedule 1 (proceedings) substitute—
“10. Proceedings under the Explosives Regulations 2014 (“the 2014 Regulations”) in respect of—
(a)the application to the chief officer of police for an explosives certificate pursuant to regulations 4, 5 and 11 of the 2014 Regulations certifying a person to be a fit and proper person to acquire or acquire and keep explosives;
(b)the revocation of such certificates pursuant to regulation 21 of the 2014 Regulations;
(c)an appeal or application to the Sheriff under regulation 22 of the 2014 Regulations against a decision taken under regulation 19 or 21.”;
(b)in paragraph 3(3)(c) of Schedule 3 (exclusions of section 4(2)(a) and (b) of the Act), for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulation 11 of the Explosives Regulations 2014 ”; and
(c)in paragraph 4 of Part 3 of Schedule 4 (excepted professions, offices, employments and occupations) for “regulation 4 of the Control of Explosives Regulations 1991” substitute “ regulations 4, 5 and 11 of the Explosives Regulations 2014 ”.
Marginal Citations
M47S.S.I. 2013/50, to which there are amendments not relevant to these Regulations.
31. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 M48 are amended as follows—
(a)in regulation 2(1) (interpretation), in the definition of “explosives” for “the Manufacture and Storage of Explosives Regulations 2005” substitute “ the Explosives Regulations 2014 ”; and
(b)in paragraph 5(a) of Part 1 of Schedule 2 (dangerous occurrences) for “or registration, as the case may be, under regulation 9, 10 or 11 of the Manufacture and Storage of Explosives Regulations 2005” substitute “ under regulations 6 or 7 of the Explosives Regulations 2014 ”.
Marginal Citations
Regulation 48(2) and (3)
1.Title | 2.Reference | 3.Extent of repeal |
---|---|---|
Explosives Act 1875. | c. 17 (38 & 39 Vict). | Sections 23 and 61; in section 74, in the opening words, “any inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act, or”; in subsection (1), “or of an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act,”; after subsection (6), the words from “In this section” to the end of the section. |
Fireworks Act 1951*. | c. 58. | The whole Act. |
Energy Act 2013* | c.32 | In Schedule 12, paragraphs 50 to 52. |
1.Title | 2.Reference | 3.Extent of revocation |
---|---|---|
Order of Secretary of State (No 11), dated September 20, 1924, making Byelaws as to the Conveyance of Explosives on Roads, and in certain special cases. | S.R. & O. 1924/1129. | The whole instrument. |
Order in Council (No 26) Relating to Picric Acid, Picrates and Mixtures of Picric Acid with other Substances. | S. R. & O. 1926/823. | The whole instrument. |
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974. | S.I. 1974/1885. | Regulation 2(a) and Schedule 1, except to the extent that they relate to sections 73, 75 and 89 of the Explosives Act 1875 as amended by S.I. 1974/2166; regulations 3 to 7, paragraphs 1 to 4 and 6 to 21 of Schedule 2, and Schedule 3. |
The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974. | S.I. 1974/2166. | The whole instrument. |
The Control of Explosives Regulations 1991. | S.I. 1991/1531. | The whole instrument. |
The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993. | S.I. 1993/2714. | The whole instrument. |
The Marking of Plastic Explosives for Detection Regulations 1996 | S.I. 1996/890 | The whole instrument |
The Health and Safety (Enforcing Authority) Regulations 1998 | S.I. 1998/494. | In regulation 4, paragraphs (7) to (12). |
The Manufacture and Storage of Explosives Regulations 2005. | S.I. 2005/1082. | The whole instrument. |
The Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007. | S.I. 2007/2598. | The whole instrument. |
The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009. | S.I. 2009/693. | In regulation 2, paragraphs (a) and (b); paragraphs 1, 2 and 4 of Schedule 1. |
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011. | S.I. 2011/1885. | In regulation 17(2), sub-paragraphs (c), (d) and (e); paragraphs 3, 4 and 5 of the Schedule. |
The Identification and Traceability of Explosives Regulations 2013. | S.I. 2013/449. | The whole instrument. |
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014. | S.I. 2014/469 | In Schedule 2, paragraph 1. In Schedule 3, paragraphs 46 to 51, 53 to 55, 110 to 122 and 146. |
Regulation 2(1)
Textual Amendments
F11Sch. 15 inserted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 2 (with regs. 2(1), 15)
1. A conformity assessment body must be established in the United Kingdom and have legal personality.U.K.
2. A conformity assessment body must be a third party body independent of the organisation or the civil explosive it assesses.U.K.
3.—(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of civil explosives, nor the representative of any of those parties.U.K.
(2) Sub-paragraph (1) does not preclude the use of civil explosives that are necessary for the operations of the conformity assessment body or the use of civil explosives for personal purposes.
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of civil explosives, or represent the parties engaged in those activities.U.K.
5. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).U.K.
6. A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.U.K.
7. A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.U.K.
8. A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, notified, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.U.K.
9. A conformity assessment body must have at its disposal—U.K.
(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;
(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;
(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.
10. A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.U.K.
11. The personnel responsible for carrying out conformity assessment activities must have—U.K.
(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;
(c)appropriate knowledge and understanding of the essential safety requirements, of the applicable harmonised standards and of the Directive and Part 13 of these Regulations;
(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.
12. A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.U.K.
13. The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.U.K.
14. A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.U.K.
15. A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.U.K.
16. Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or the enforcing authority in respect of Part 13 of these Regulations.U.K.
17. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any notified body coordination group established under the Directive and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.]U.K.
Regulation 76
Textual Amendments
F12Sch. 16 inserted (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 2 (with regs. 2(1), 15)
1. A notified body must carry out conformity assessments in accordance with the relevant conformity assessment procedures.U.K.
2. A notified body must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.U.K.
3. A notified body must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.U.K.
4. A notified body must respect the degree of rigour and the level of protection required to ensure that the civil explosive is in conformity with the requirements of Part 13 of these Regulations.U.K.
5. Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.U.K.
6. Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, a notified body finds that a civil explosive is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).U.K.
7. Where the notified body has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, the notified body must restrict, suspend or withdraw any certificate of conformity or approval.U.K.
8. Paragraph 9 applies where a notified body is minded to—U.K.
(a)refuse to issue a certificate of conformity or grant an approval;
(b)restrict, suspend or withdraw a certificate of conformity or approval.
9. Where this paragraph applies, the notified body must—U.K.
(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;
(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and
(c)take account of any such representations before taking its decision.
10. A notified body must inform the Secretary of State of—U.K.
(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;
(b)any circumstances affecting the scope of, or conditions for, notification under regulation 70 (notification);
(c)any request for information which it has received from the enforcing authority in respect of Part 13 regarding conformity assessment activities; and
(d)on request, conformity assessment activities performed within the scope of its notification under regulation 70 and any other activity performed, including cross-border activities and subcontracting.
11. A notified body must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.
(a)to refuse to issue a certificate of conformity or grant an approval; or
(b)to restrict, suspend or withdraw a certificate of conformity or approval.
12. A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same civil explosives with relevant information on issues relating to negative and, on request, positive conformity assessment results.U.K.
13. A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.]U.K.
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